Can the CROWN Act fully rectify past hair-based discrimination rooted in heritage?

Roots

To truly understand the journey of the CROWN Act, we must first trace the deeply coiled strands of textured hair itself, back to its origins. This exploration begins not with legal statutes, but with the very breath of existence, recognizing hair as a living archive, a whisper from our ancestors. It is a chronicle held within each helix, a story that speaks of resilience, of beauty forged in fire, and of identity asserted against currents of erasure. The question of whether the CROWN Act can fully mend the wounds of hair-based discrimination, particularly those rooted in heritage, calls us to consider how deeply these roots run.

Long before written laws, hair was a profound language. In ancient African societies, hairstyles conveyed intricate messages ❉ a person’s age, their marital status, their spiritual path, their familial ties, and even their social standing within the community. The patterns woven into strands were not mere aesthetics; they were markers of belonging, maps of identity. The Himba people of Namibia, for instance, use the intricate braiding of their hair, along with a coating of red ochre paste known as otjize, to signify important life stages.

Young girls wear two braids, called Ozondato, symbolizing their youth and innocence, a tradition passed down through generations. As they mature, a single braid covering the face marks their readiness for marriage. This practice binds the individual to their kin and to the earth, a sacred connection woven directly into their appearance.

This ancestral reverence for hair was brutally disrupted by the transatlantic slave trade. Enslaved Africans were often forced to shave or cut their hair upon arrival, a deliberate act of dehumanization meant to strip them of their cultural connections and anonymity. Yet, even in the crucible of oppression, the spirit of hair heritage endured. It is said that some enslaved people braided rice grains into their hair before forced journeys, preserving seeds for future sustenance in a foreign land.

Others reportedly wove escape routes into complex cornrow patterns, secret cartographies visible only to those who knew the language of the braids. This speaks to hair as more than biology; it became a clandestine vehicle for survival, a repository of hope, and a silent protest.

Hair, in its textured forms, is a living testament to ancestral memory and a profound symbol of identity across generations.

The echoes of this early subjugation reverberated through centuries, crystallizing into policies that deemed natural Black hair as “unprofessional” or “unruly.” This imposition of Eurocentric beauty standards created a system of systemic racism, where the very act of existing with natural hair in public spaces became a site of discrimination. The CROWN Act steps into this historical chasm, seeking to redefine what is considered acceptable, what is deemed professional, and ultimately, what is valued in society.

What is the CROWN Act’s Historical Lineage?

The journey towards the CROWN Act is a long river, fed by countless individual acts of resistance and legal battles. Its direct lineage traces back to moments like the 1976 case of Jenkins V. Blue Cross Mutual Hospital Insurance, where the U.S. Court of Appeals for the Seventh Circuit upheld a race discrimination lawsuit against an employer for bias against afros.

This ruling affirmed that afros, a powerful symbol of Black pride rooted in the Black Power Movement of the 1960s and 70s, were protected under Title VII of the Civil Rights Act. Yet, the path remained uneven. Later decisions, such as the 1981 case involving an African American woman taking American Airlines to court for prohibiting braids, saw courts siding with employers, arguing that braids were a changeable characteristic and therefore not protected. These inconsistencies underscored the need for more explicit legal protections.

The CROWN Act, standing for Creating a Respectful and Open World for Natural Hair, was first signed into law in California in 2019. This landmark legislation explicitly prohibits discrimination based on hair texture and protective hairstyles. It enumerates styles such as locs, braids, twists, and afros, recognizing them as integral to Black identity and culture. This is not merely about styling preferences; it addresses a historical wrong, a systemic bias that has long policed Black bodies and identities.

To truly appreciate the foundation the CROWN Act lays, we must also appreciate the intrinsic makeup of textured hair. Its unique structure, its varying coil patterns, its inherent strength, and its particular needs for care are all part of its heritage.

• Hair Follicle Shape ❉ The elliptical or flattened cross-section of the hair follicle gives textured hair its characteristic curl and coil patterns, a biological distinction that has been historically misunderstood and devalued.
• Cuticle Layer Arrangement ❉ The cuticle scales on textured hair are often more open, which can make it more prone to moisture loss, highlighting the ancestral wisdom in traditional practices that prioritized deep hydration.
• Density and Strand Count ❉ While individual strands may appear fine, the sheer density of follicles on the scalp of individuals with textured hair contributes to its volume and often, its perceived “fullness.”

Ritual

The CROWN Act, while a legislative instrument, enters a realm steeped in ritual. Hair care for those with textured strands is not merely a regimen of washing and conditioning; it is an act of communion, a continuation of practices passed down through generations. This understanding is crucial when contemplating the Act’s capacity to truly mend the historical schism of hair-based discrimination. The external validation offered by law must meet the internal reverence held for ancestral ways.

For centuries, the styling of textured hair has been an intricate art, a science known through lived experience and shared wisdom. These traditions, often dismissed as “unprofessional” in dominant cultural contexts, are in fact a sophisticated response to the unique properties of curly and coily hair, ensuring its health and longevity. Protective styles, for example, which enclose the hair strands to shield them from environmental stressors and daily manipulation, have deep ancestral roots.

Braids and cornrows, far from being modern trends, appear in Saharan rock paintings dating back over 5,500 years, encoding tribal identity and spiritual beliefs. These styles were not just decorative; they were functional, preserving hair and communicating identity.

The forced suppression of these heritage styles, often through discriminatory school and workplace policies, severed a direct line to cultural expression. Policies prohibiting styles like locs, twists, and braids disproportionately affected Black individuals, reinforcing systemic racism and promoting white Anglo-Saxon Protestant cultural norms as the default. This policing of appearance compelled many to chemically straighten their hair, often with harsh relaxers, to conform to these imposed standards, sometimes at significant health and financial costs.

How does the CROWN Act Honor Traditional Styling?

The CROWN Act explicitly protects the right to wear natural hair texture and protective styles, a legislative nod to the enduring wisdom of ancestral practices. This legal recognition does not simply permit; it affirms the value of these styles. It acknowledges that a Bantu knot is not a distraction, but a historical echo.

It accepts that locs carry not disorder, but a connection to heritage. The Act attempts to shift the public perception, moving away from a judgment rooted in biased standards toward an appreciation of diverse expressions of identity.

Consider the contrast between the freedom offered by the CROWN Act and the historical legislative attempts to control Black hair. In 18th-century New Orleans, the Tignon Laws were enacted, compelling free Creole women of color to wear a tignon or headscarf. This law aimed to diminish their perceived beauty, particularly their elaborate hairstyles adorned with feathers and jewels, which drew the attention of white men. The intent was to visually reinforce their subservient status, blurring the lines between free and enslaved people.

Yet, these women, with remarkable spirit, transformed the tignon into a statement of defiance, crafting colorful, ornate headwraps, drawing again from African traditions. This historical example illuminates the inherent power within hair, a power that laws have long sought to control, and that the CROWN Act now seeks to liberate.

The CROWN Act seeks to transform spaces of historical judgment into arenas of authentic cultural celebration for textured hair.

The Act’s reach extends beyond individual choice; it influences the very tools and techniques employed in hair care. When the fear of discrimination recedes, individuals may feel more comfortable embracing natural styling techniques, rather than resorting to heat or chemical treatments for conformity. This allows for a renewed focus on holistic hair health, honoring the hair’s natural state and ancestral care wisdom.

• Natural Styling Techniques ❉ Methods like twist-outs, braid-outs, and wash-and-gos celebrate the hair’s inherent coil pattern, allowing the hair to define its own shape without forced manipulation.
• Traditional Tools ❉ The emphasis on natural textures encourages the use of gentler tools, such as wide-tooth combs and fingers for detangling, mirroring historical practices that prioritized hair health over aggressive straightening.
• Wig and Extension Heritage ❉ While often associated with modern fashion, wigs and extensions also hold ancestral significance, historically used for adornment, status, and protection, providing versatility without compromising natural hair.

However, the mere existence of a law does not erase deeply ingrained biases. Education and cultural shifts must accompany legislative action. The battle for true acceptance is waged not only in courtrooms and legislative chambers but also in the everyday interactions, in the hearts and minds of individuals. The spirit of the CROWN Act finds its deepest expression when the beauty of textured hair is understood and valued, not as a deviation from a norm, but as a norm in itself, a reflection of a rich and living heritage.

Relay

The question of whether the CROWN Act fully rectifies past hair-based discrimination rooted in heritage is a complex one, a relay race where the baton of progress is passed from legislation to societal consciousness. While the Act provides a powerful legal framework, the deeply entrenched nature of bias, often unconscious, means the race for complete equity continues. Ancestral wisdom offers not just historical context, but also contemporary solutions and a deeper understanding of what true rectification demands.

Discrimination against textured hair is not merely a matter of individual prejudice; it is systemic, interwoven with the fabric of institutions. It often preserves spaces deemed “white,” where Eurocentric cultural norms are the unspoken default. Policies that prohibit natural hairstyles like afros, braids, Bantu knots, and locs have historically justified the removal of Black children from classrooms and Black adults from their employment.

This impacts children as young as five, eroding trust between students and the education system. This policing of identity, rooted in centuries of oppression, has tangible consequences.

What Concrete Evidence Reveals Ongoing Hair Bias?

Research consistently lays bare the pervasive nature of this discrimination. A 2023 study found that Black women’s hair is 2.5 times more likely to be perceived as “unprofessional” compared to white women’s hair. This same study revealed that approximately two-thirds (66%) of Black women change their hair for a job interview, with 41% altering their hair from curly to straight. Consider Chasity Jones’s experience ❉ in EEOC v.

Catastrophe Management Solutions, a Black woman was offered a job, only to have the offer rescinded when she refused to cut her locs. The company reportedly stated, “They tend to get messy.” While the EEOC filed a lawsuit on her behalf, the case was ultimately lost, with the appeals court upholding the district court’s ruling, demonstrating the persistent legal challenges faced even with existing civil rights legislation.

This is a striking example of how cultural bias, even when unconscious, translates into tangible barriers to employment and advancement. The CROWN Act aims to explicitly address these systemic issues by making it clear that hair texture and culturally significant hairstyles are protected categories. It seeks to close loopholes that allowed for the “immutability doctrine” to be selectively applied, where afros might be protected as “natural” but braids deemed a “choice” and thus unprotected.

While the CROWN Act builds a strong legal bridge, the journey to dismantle ingrained hair bias requires collective understanding and enduring advocacy.

How does Ancestral Wisdom Inform Problem-Solving in Modern Hair Care?

The wisdom of ancestral practices extends beyond aesthetics; it provides foundational knowledge for hair health and problem-solving, which the CROWN Act’s protection allows more freedom to pursue. For instance, the traditional use of certain natural ingredients across African and diasporic communities for hair care is now often validated by modern scientific understanding.

The concept of “protective styles” is one such example. While modern science explains their benefit in reducing breakage and retaining moisture by minimizing manipulation and environmental exposure, this understanding echoes ancient practices focused on hair preservation. Traditional African communities understood that hair was a valuable asset, and specific styles served to maintain its integrity, especially for those whose daily lives involved strenuous activity or harsh climates.

1. Shea Butter ❉ For generations, Shea butter, sourced from the nuts of the African Shea tree, has been revered for its moisturizing and emollient properties, offering deep conditioning that reduces dryness and brittleness in textured hair.
2. Aloe Vera ❉ Used in various ancestral healing traditions, Aloe Vera’s gel provides soothing hydration to the scalp and hair, promoting a healthy environment for growth and alleviating irritation.
3. Fenugreek ❉ In some cultural contexts, Fenugreek seeds were used to create hair rinses and masks, believed to strengthen strands and promote growth, a practice now supported by studies on its protein and nutrient content.

The Act’s effectiveness in fully rectifying past discrimination hinges on its ability to catalyze a deeper societal acceptance. This means not only preventing overt discrimination but also shifting the perception of textured hair from something to be “managed” or “controlled” to something to be celebrated and respected in its inherent form. It means challenging the unconscious biases that still lead to inequitable outcomes, even where explicit policies no longer exist.

The relay continues, demanding consistent effort from legal advocates, educators, and every individual committed to true equity. The CROWN Act is a vital stride, a powerful legal affirmation of heritage, but the deeper work of dismantling systemic bias remains, a task that calls for continuous engagement with history, science, and the enduring wisdom of communal care.

Reflection

The path of the CROWN Act, from its legislative genesis to its ongoing implementation, mirrors the very journey of textured hair itself ❉ a complex tapestry woven with threads of deep heritage, historical challenge, and enduring beauty. The Act is a significant landmark, a legislative embrace of hair as a protected cultural expression, particularly for Black and mixed-race communities. It speaks to the recognition that discrimination against how one wears their hair is not a trivial matter of aesthetics, but a profound violation of identity and belonging.

Yet, true rectification, a complete mending of wounds inherited through generations, requires more than legal mandate alone. It demands a collective remembering, an honoring of the ancestral wisdom embedded in every curl, coil, and loc. It calls for an awakening to the ‘Soul of a Strand’ – that living, breathing archive of resilience and creativity. The law creates space for authentic expression, but the cultivation of a respectful and open world must bloom from within societal hearts and minds.

This involves a continuous process of learning, unlearning, and relearning what beauty truly is, moving beyond narrow, imposed standards to celebrate the diverse, vibrant reality of human hair. The journey towards full rectification is not a finish line, but a constant unfolding, a relay passed from past struggles to future generations, each carrying the heritage of hair as a beacon of self-worth and cultural pride.