Arkansas AG: “Instituting Practices Based On Critical Race Theory” In Education Violates Anti-Discrimination Laws

William A. Jacobson
Legal Insurrection

Excerpt: The Arkansas Attorney General Leslie Rutledge has issued an advisory Opinion that certain aspects of Critical Race teaching violate anti-discrimination law. It’s not clear that this opinion has the force of law, but it does reflect an increasing focus on how CRT is implemented through “antiracism” and similar practices that create racially hostile environments.

The Arkansas Opinion was issued in response to the following request from a state legislator: “Does the introduction of practices based on ‘antiracism’ and critical race theory in Arkansas public schools and universities violate Title VI of the Civil Rights Act of 1964, the Equal Protection Clause of the Fourteenth Amendment, Article II of the Arkansas Constitution, or other applicable nondiscrimination laws?

The AG answered the question as follows: “The answer to your question is yes. With certain qualifications set forth below, instituting practices based on critical race theory, professed ‘antiracism,’ or associated ideas can violate Title VI, the Equal Protection Clause, and Article II of the Arkansas Constitution.”

What follows is an extensive discussion, including the history of CRT.