What historical laws targeted Black hair in America?

Roots

To stand here, at the precipice of understanding, one must first feel the whisper of history in every strand. For Black hair, textured in its infinite glory, is not merely a biological feature; it is a living chronicle, a profound testament to ancestral practices, communal bonds, and an enduring spirit. Its coils and curls carry the echoes of ancient African kingdoms, where hair served as a vibrant language of identity, status, and spiritual connection.

Yet, the very nature of this heritage, so rich and deeply rooted, became a target in America. To comprehend the historical laws that sought to diminish Black hair, we must first recognize the magnificent world they aimed to dismantle.

Ancestral Crowns and Cultural Canopies

Long before the shackles of enslavement, hair in African societies was a canvas for stories, a marker of belonging, and a conduit to the divine. Hairstyles communicated a person’s age, marital status, ethnic identity, wealth, and position within the community. In West Africa, for instance, a woman’s intricate braids could signify her readiness for marriage, while a warrior’s coiffure might tell of his tribe and battle victories. Hairdressers held esteemed positions, their hands not just shaping strands, but preserving wisdom and strengthening social ties.

These rituals, often lasting hours or days, were moments of shared intimacy, passing down techniques and oral traditions across generations. The reverence for hair was so deep that some believed it housed a person’s spirit, a direct line to the cosmos.

In ancestral African societies, hair was a powerful language, conveying identity, status, and spiritual connection through intricate styles and communal care.

The distinct physical characteristics of textured hair, with its unique curl patterns and natural volume, lent themselves to these elaborate forms. The very biology of the strand—its elliptical follicle shape, its uneven keratin distribution causing bends and coils—made it a dynamic medium for artistic expression and cultural encoding. This biological reality, so intrinsically tied to identity, would later be weaponized by systems of oppression.

The Stripping of Identity ❉ Early Laws and Customs

The transatlantic slave trade marked a brutal rupture, not only from homelands but from self. Upon arrival in the Americas, one of the first acts of dehumanization inflicted upon enslaved Africans was the forced shaving of their heads. This act, often claimed to prevent the spread of disease on slave ships, served a far more sinister purpose ❉ to erase identity, to sever the visible links to a vibrant past, and to break the spirit. It was a deliberate assault on the ancestral understanding of hair as a symbol of pride and self.

The foundational laws of colonial America, the Slave Codes , though not always explicitly detailing hair regulations, created an environment where any assertion of African cultural heritage was suppressed. These codes, designed to control and subjugate, implicitly rendered traditional African hairstyles and adornments as undesirable or threatening. The intent was to strip away all markers of dignity and belonging, reducing individuals to mere property. This initial, violent act of hair removal established a precedent ❉ Black hair, in its natural state, was deemed problematic and required control.

• Adornments ❉ Before enslavement, hair was frequently embellished with cowrie shells, beads made from various materials, and precious metals, each carrying specific meanings related to status or rites of passage.
• Styling Tools ❉ Ancestral combs and picks, often crafted from wood or bone, featured wider teeth to gently work through the delicate nature of coiled hair, a stark contrast to later tools introduced.
• Care Rituals ❉ Hair care was a communal practice, involving natural oils, plant extracts, and clays, used not only for conditioning but also for medicinal or spiritual purposes.

Ritual

As the currents of history shifted, so too did the manifestations of control over Black hair. The initial, brutal acts of erasure gave way to more insidious, yet equally potent, societal and legislative pressures. For those seeking to understand the enduring spirit of textured hair heritage, it becomes clear that the ritual of hair care, styling, and presentation transformed into a quiet, yet powerful, act of resilience and identity reclamation. We step now into the evolving landscape where historical laws, both explicit and implicit, shaped the daily experiences of Black people, influencing their choices and challenging their connection to ancestral ways.

The Tignon Laws ❉ A Coded Crown

Among the most direct and specific historical laws targeting Black hair were the Tignon Laws of 1786 in Spanish colonial Louisiana. These sumptuary laws, enacted by Governor Esteban Rodríguez Miró, mandated that free women of color wear a tignon—a headscarf—to cover their hair in public. The stated intent was to distinguish them from white women and to suppress what was perceived as their “excessive luxury” and attractiveness, which challenged the racial hierarchy and social order of the time. Free Black women in New Orleans, many of whom were of mixed heritage, often styled their natural hair elaborately, adorning it with jewels and feathers, drawing attention and perceived competition from white women.

The Tignon Laws, intended to suppress Black women’s visible heritage, inadvertently spurred a defiant display of creative self-expression through the art of headwrapping.

Yet, in a profound act of cultural defiance, these women transformed the tignon from a badge of subjugation into a statement of style and resistance. They used vibrant, luxurious fabrics, tying them with intricate knots and still adding adornments, making the headwrap itself a fashionable and visually striking element. This adaptation became a symbol of their enduring beauty, ingenuity, and cultural heritage, demonstrating how ancestral practices of adornment could persist even under oppressive mandates. The Tignon Laws, though eventually repealed, left a lasting mark, contributing to the tradition of headwrapping as a significant cultural expression within Black communities.

Post-Emancipation Pressures and Unwritten Rules

Following the abolition of slavery in 1865, explicit laws targeting hair became less common, but the underlying sentiment of racial control persisted through social pressures and the pervasive reach of Jim Crow laws . While Jim Crow laws primarily enforced segregation and disenfranchisement, their spirit permeated all aspects of life, including appearance. Black individuals faced immense pressure to conform to Eurocentric beauty standards to gain social acceptance or economic opportunities. This often meant chemically altering or heat-straightening textured hair, a practice that gained widespread adoption in the late 19th and 20th centuries.

The rise of hair straightening methods, such as hot combs and chemical relaxers, became a complex ritual for survival and assimilation. These practices, while offering a means to navigate a hostile society, often came at the cost of hair health and a deeper connection to natural hair heritage. The message, often subtle but powerful, was that natural Black hair was “unprofessional,” “messy,” or “unruly,” a sentiment directly tied to the historical dehumanization of African features.

• Hot Combing ❉ A method involving a metal comb heated on a stove, passed through hair coated with grease, offering temporary straightening but risking burns and damage.
• Chemical Relaxers ❉ Lye-based solutions that chemically altered the hair’s protein structure for a permanent straightening effect, a practice that began in the early 20th century.
• Headwraps for Protection ❉ Beyond mandated coverings, headwraps continued to be used for practical purposes, protecting hair from harsh labor conditions and retaining moisture.

Relay

How does the echo of these historical laws, designed to diminish and control, reverberate through the contemporary landscape of textured hair, shaping not only individual identity but also the collective narrative of Black communities? We now move into a more intricate exploration, where the past actively informs the present, and the fight for hair liberation continues its complex relay through legal challenges, cultural reclamation, and a deepening scientific appreciation for the unique biology of Black hair. This journey is one of profound insight, connecting ancestral wisdom to modern understanding, all while honoring the enduring spirit of heritage.

The Lingering Shadow ❉ Discrimination in Modern Spaces

Despite the formal dismantling of explicit Jim Crow legislation, the legacy of historical hair laws persists in subtle yet pervasive forms of discrimination. School dress codes and workplace grooming policies have, for decades, served as de facto extensions of these historical biases, often deeming natural Black hairstyles as “unprofessional,” “distracting,” or “messy.” This sentiment directly mirrors the colonial-era efforts to suppress textured hair, reinforcing Eurocentric beauty standards as the norm.

Consider the case of Chastity Jones, who in 2010 had a job offer rescinded by Catastrophe Management Solutions because she refused to cut her locs. The company’s hiring manager reportedly stated that locs “tend to get messy.” While the Equal Employment Opportunity Commission (EEOC) filed a lawsuit on her behalf, the 11th Circuit Court of Appeals ultimately upheld the district court’s ruling in 2016, reasoning that locs were a “mutable—or changeable—characteristic” and therefore not protected under Title VII of the Civil Rights Act. This ruling, though now challenged by new legislation, starkly illustrates the enduring legal ambiguity and the direct link between historical prejudice and contemporary employment barriers.

Modern hair discrimination, often masked by “professionalism” standards, reflects a direct continuation of historical attempts to control Black identity through appearance.

Reclaiming the Crown ❉ Legislative Responses and Cultural Affirmation

The persistence of hair discrimination has ignited a powerful movement for legal reform and cultural reclamation. The CROWN Act (Creating a Respectful and Open World for Natural Hair), first introduced in California in 2019 and since adopted by many states and cities, directly addresses this historical injustice. This legislation prohibits discrimination based on hair texture and protective hairstyles commonly associated with race, such as braids, locs, twists, and knots, in workplaces and public schools. The CROWN Act stands as a legislative counter-narrative to centuries of laws and policies that sought to dictate how Black people should wear their hair, affirming the right to express one’s racial and cultural identity without penalty.

This legal push is complemented by a vibrant cultural resurgence. The “Black is Beautiful” movement of the 1960s and 70s saw the Afro become a potent symbol of pride and resistance, a visual rejection of forced assimilation. Today, this movement continues, with increasing numbers of individuals choosing to wear their natural hair, celebrating its diverse textures and ancestral styles. This return to natural hair is not merely a fashion choice; it is a profound act of self-acceptance, a reconnection to heritage, and a rejection of the internalized racism that once pressured individuals to conform.

The Science of Self-Acceptance ❉ Unpacking Textured Hair Biology

The scientific understanding of textured hair further grounds this reclamation. Unlike straight hair, which typically grows from a round follicle, coily and kinky hair emerges from an elliptical or oval-shaped follicle. This shape causes the hair strand to bend and coil as it grows, resulting in its unique curl patterns.

Furthermore, textured hair often exhibits an uneven distribution of keratin along the hair shaft, contributing to its distinct bends and movement. This inherent biological difference, once demonized and deemed “unruly,” is now celebrated for its complexity and beauty.

Understanding the biological specificities of textured hair helps dismantle the pseudoscientific justifications that historically underpinned discriminatory practices. It reveals that the “difficulty” of managing Black hair, often cited in discriminatory policies, was a manufactured problem rooted in a lack of appropriate care knowledge and tools, not an inherent flaw in the hair itself. This scientific clarity validates ancestral practices that intuitively understood the needs of textured hair, such as protective styling and moisturizing rituals.

1. Psychological Toll ❉ Decades of hair discrimination have led to documented mental health consequences, including internalized racism, anxiety, chronic stress in academic or professional spaces, and a diminished sense of belonging.
2. Community Support ❉ Hair salons and barbershops historically served as vital community hubs, places where Black people could discuss their experiences, share ancestral wisdom, and affirm their identity outside the gaze of oppressive society.
3. Artistic Expression ❉ Beyond politics, Black hair continues to be a powerful medium for artistic and personal expression, with styles like Bantu knots, cornrows, and locs carrying deep cultural and historical meanings.

Reflection

The journey through historical laws targeting Black hair in America is a poignant reminder that a strand of hair holds far more than keratin and pigment; it carries the weight of generations, the memory of resistance, and the vibrant pulse of heritage. From the enforced shavings of enslavement to the insidious workplace policies of recent decades, each attempt to control Black hair was an assault on identity, a bid to sever the profound connection to ancestral ways. Yet, in every mandated headwrap transformed into a defiant adornment, in every natural coil re-embraced, and in every legislative victory, the resilience of textured hair heritage shines through. This is not merely a chronicle of oppression, but a testament to an unyielding spirit, a continuous affirmation that the soul of a strand, rooted in deep history, will always seek its unbound helix, forever reaching for the light of authentic self-expression and cultural affirmation.

References

• Byrd, A. & Tharps, L. (2001). Hair Story ❉ Untangling the Roots of Black Hair in America. St. Martin’s Press.
• Dabiri, E. (2020). Twisted ❉ The Tangled History of Black Hair Culture. Harper Perennial.
• Jackson, B. & Rodriguez, A. (2023). What Every Dermatologist Must Know About the History of Black Hair. Cutis, 112(5), 239-242.
• Mbilishaka, A. M. (2024). Don’t Get It Twisted ❉ Untangling the Psychology of Hair Discrimination Within Black Communities. American Journal of Orthopsychiatry .
• Rooks, N. M. (1996). Hair Raising ❉ Beauty, Culture, and African American Women. Rutgers University Press.
• Tharps, L. (2015, May 31). How does black hair reflect black history? BBC News .
• Tshiki, N. A. (2021, November 23). African Hairstyles – The “Dreaded” Colonial Legacy. The Gale Review .
• U.S. Equal Employment Opportunity Commission. (2013, September 30). Mobile Catastrophic Insurance Claims Company Sued by EEOC for Race Discrimination over Hair Policy .