What historical protests paved the way for the CROWN Act’s passage?

Roots

Consider a strand, not merely a filament of protein, but a living echo, a testament to generations. It coils, it kinks, it bends, carrying within its very structure the whispers of ancient lands, the resilience of journeys across vast waters, and the profound beauty of a people. For those whose ancestry traces through the African diaspora, hair is far more than adornment; it is a profound archive of heritage, a visible marker of identity, and a canvas upon which stories of survival and spirit have been inscribed. The journey towards the CROWN Act, legislation seeking to safeguard the right to wear natural hair without prejudice, is not a recent phenomenon.

Its roots reach back into the deepest soil of history, nurtured by centuries of struggle against oppressive beauty standards and systemic bias. It is a story told not only in courtrooms and legislative halls, but in the very texture of hair, in the hands that have cared for it, and in the spirits that have refused to bend. The fight for the CROWN Act is a contemporary chapter in a timeless narrative of self-determination, a declaration that the natural contours of one’s being are inherently worthy of respect and celebration.

Hair Anatomy and Ancestral Understandings

The science of textured hair, with its unique elliptical follicle shape and varied curl patterns, speaks to an ancient wisdom. Long before microscopes revealed the cortex and cuticle, African communities understood the needs of their strands. They recognized the tendency for dryness, the strength in collective strands, and the need for protective styles. This ancestral knowledge was not academic; it was woven into daily life, passed down through the gentle rhythm of communal grooming sessions.

Hair was understood as a spiritual conduit, the closest part of the body to the divine, holding immense social and cultural significance. (Oforiwa, 2023; Afriklens, 2024). The intricate ways hair grows from the scalp, the varied densities, and the different levels of coil and kink are not deviations from a norm, but rather expressions of a magnificent biological spectrum. These distinct characteristics necessitated particular care, leading to the development of sophisticated practices tailored to maintain health and vitality.

The Language of Textured Hair Through Time

The lexicon of textured hair carries the weight of history. Terms like ‘nappy,’ once wielded as a weapon of denigration during eras of enslavement and minstrelsy, sought to dehumanize and diminish the natural hair of African people. Yet, within communities, these words were often reclaimed, imbued with a different meaning, or simply cast aside for more affirming language. The deliberate stripping of traditional hair tools and the forced shaving of heads during the transatlantic slave trade represented a brutal assault on identity, a clear attempt to erase cultural memory and communal ties (Afriklens, 2024; Darkspark, 2023).

In New Orleans, the Tignon Laws of the late 18th century compelled free women of color to cover their elaborately styled hair, a measure designed to enforce social hierarchy and diminish their visible status. These laws, though eventually unenforced, left a lingering shadow, a testament to the persistent efforts to police Black bodies and expressions of self. (Legal Defense Fund, n.d.; BBC News, 2022). The very existence of such laws underscores how deeply hair was, and remains, connected to social standing and perceived worth.

The historical efforts to control Black hair reveal a persistent societal struggle to dictate identity and belonging.

The evolution of language surrounding textured hair mirrors the journey from oppression to liberation. From derogatory labels to terms of endearment and pride, each word carries the weight of collective experience. The rise of the “Black is Beautiful” movement in the 1960s, for instance, reclaimed the term “Afro” not merely as a style, but as a powerful symbol of self-acceptance and defiance against Eurocentric beauty norms.

(Essence, 2020). This linguistic shift was a conscious act of resistance, a verbal reclaiming of what had been maligned for centuries.

Hair growth cycles, influenced by nutrition and environment, also tell a story of ancestral adaptation. Communities in various African regions developed practices and utilized local flora to support hair health, recognizing the cyclical nature of growth and shedding. This deep understanding of hair as a living, growing entity, intertwined with personal and communal well-being, forms the earliest layer of the historical protests that ultimately called for protections like the CROWN Act.

Ritual

As we turn our attention from the foundational understanding of textured hair, a more active exploration beckons. Here, we step into the realm of shared practices, the tender care, and the deliberate acts that have shaped and preserved textured hair heritage through generations. This section delves into how the deep, often unspoken, understanding of hair has influenced and been influenced by movements for justice, becoming a silent, yet powerful, form of protest and cultural assertion. It is about the methods, the tools, and the transformations that have not only adorned the hair but also fortified the spirit, demonstrating how hair care became a ritual of resilience.

Protective Styling as a Heritage Practice

The legacy of protective styling is as ancient as it is enduring. Across pre-colonial African societies, intricate braids, cornrows, and twists served practical purposes of hair preservation and deep cultural meanings. These styles often communicated a person’s age, marital status, social standing, or even their tribal affiliation (Afriklens, 2024; Khumbula, 2024). During the horrific transatlantic slave trade, when many enslaved Africans had their heads forcibly shaved, the practice of braiding became a quiet act of defiance and survival.

Some accounts tell of seeds and grains braided into hair, carried as a means of sustenance and future planting, literally carrying hope and heritage within the strands. (Citizens Advice, 2021). Cornrows, in particular, were sometimes used to create maps for escape routes, a testament to the ingenious ways hair became a tool for liberation. (Afriklens, 2024).

The endurance of these styles in the diaspora, despite immense pressure to conform to Eurocentric beauty ideals, is a powerful demonstration of cultural persistence. These protective styles, far from being mere fashion, are living archives of ancestral wisdom, shielding fragile strands from environmental damage while simultaneously guarding a deep sense of identity.

Natural Styling and Defining Identity

The mid-20th century witnessed a resurgence of natural styling, propelled by the Civil Rights and Black Power movements. The Afro, in particular, became a profound political statement, a visual declaration of self-love and racial pride (Essence, 2020; Essence, 2020; BBC News, 2015). Activists like Angela Davis wore their Afros as symbols of defiance against white American beauty standards, inspiring countless others to embrace their natural hair (JSTOR Daily, 2019; Essence, 2020).

This era saw a conscious turning away from chemical straighteners, often called ‘relaxers,’ which had become commonplace in efforts to assimilate into mainstream society. The decision to wear natural hair was not simply a stylistic choice; it was a radical act of self-acceptance and solidarity, a direct challenge to the notion that textured hair was ‘unprofessional’ or ‘unacceptable’.

The adoption of natural hairstyles during civil rights movements transformed personal appearance into a powerful political statement.

This period also saw the popularization of braids and cornrows in contemporary settings, sometimes prompting legal battles. In 1981, Renee Rogers, an American Airlines ticket agent, sued her employer after being told to cover her cornrows, arguing that the style reflected her African heritage. The court, however, ruled against her, deeming cornrows a ‘mutable characteristic’ not protected by existing anti-discrimination laws.

(New Jersey State Bar Foundation, 2022; JSTOR Daily, 2019). This ruling, which persisted for decades, underscored the urgent need for specific legal protections like the CROWN Act.

Tools of Care and Transformation

The tools used for textured hair care also possess a rich history. From traditional wooden combs and pins used in ancient African communities (Oforiwa, 2023) to the hot combs popularized by figures like Madam C.J. Walker in the early 20th century, each implement tells a story of adaptation and innovation. While Walker’s work provided an avenue for social acceptance in a discriminatory era, it also contributed to the preference for straightened hair, which many historians now critically examine (JSTOR Daily, 2019).

The hot comb and chemical relaxers became symbols of conformity, a means to navigate a society that often deemed natural hair ‘unruly’ (Legal Defense Fund, n.d.; The Jembe, 2023). The modern natural hair movement, however, has seen a return to tools and techniques that honor the hair’s natural curl pattern, reflecting a collective reclaiming of ancestral practices and a rejection of harmful chemical processes. This shift represents a deep cultural and scientific understanding, where the hair’s natural state is not something to be altered, but rather celebrated and nurtured.

Relay

How does the historical struggle for hair acceptance, a journey spanning centuries, inform our contemporary understanding of self-worth and societal equity? The path to the CROWN Act is a testament to the enduring human spirit, a narrative where the personal becomes profoundly political. This final exploration delves into the intricate web of legal challenges, social movements, and individual acts of defiance that have collectively propelled the conversation forward, allowing a deeper appreciation of the legislation’s lineage. We examine the interplay of biological realities, psychological impacts, and the social structures that have historically sought to police textured hair, revealing the profound wisdom held within every curl and coil.

Legal Battles and the Mutable Characteristic Fallacy

The mid-20th century brought the Civil Rights Act of 1964, a landmark piece of legislation designed to prohibit discrimination based on race. Yet, its application to hair discrimination proved inconsistent and often inadequate. Courts frequently struggled with the concept of hair as a racial characteristic, often distinguishing between ‘immutable’ traits (like skin color) and ‘mutable’ ones (like hairstyles). This distinction became a significant hurdle for Black individuals seeking redress.

For instance, while the 1976 case of Jenkins v. Blue Cross Mutual Hospital Insurance recognized Afros as protected under Title VII, allowing a race discrimination lawsuit against an employer for bias, subsequent rulings created a precarious legal landscape. (JSTOR Daily, 2019; Wikipedia, 2023). The idea that braids or locs were a ‘choice’ rather than an expression inextricably linked to racial identity and heritage left many vulnerable to discrimination.

A particularly poignant example of this legal ambiguity arose in the case of Chastity Jones. In 2010, Jones had a job offer from Catastrophe Management Solutions rescinded because she refused to cut her locs. The company’s hiring manager reportedly stated that locs ‘tend to get messy.’ The Equal Employment Opportunity Commission (EEOC) filed a lawsuit on Jones’s behalf in 2013, arguing that the company’s policy perpetuated racist stereotypes. However, in 2016, the 11th Circuit Court of Appeals upheld the district court’s ruling against Jones, asserting that locs, being a hairstyle, were not an immutable racial characteristic.

(JSTOR Daily, 2019; Legal Defense Fund, n.d.). This ruling solidified a legal precedent that effectively allowed employers to discriminate against natural hairstyles, despite their deep cultural and racial significance. This decision, though a setback, galvanized advocates, underscoring the critical need for explicit legislative protection against hair discrimination, which the CROWN Act eventually provided.

The impact of such rulings extended far beyond individual cases, creating a chilling effect in workplaces and schools. A 2019 study by Dove revealed that 80% of Black women reported feeling the need to change their hairstyle to align with more conservative standards to fit in at work. (Legal Defense Fund, n.d.). This statistic speaks to the immense psychological burden placed upon Black individuals, forcing them to choose between their authentic selves and economic stability or educational opportunity.

Furthermore, a 2020 study by Michigan State University and Duke University, titled “The Natural Hair Bias in Job Recruitment,” found that Black women with natural hairstyles were less likely to secure job interviews than white women or Black women with straightened hair. Researchers also observed that Black hairstyles such as Afros, twists, or braids were perceived as less professional. (Legal Defense Fund, n.d.; TestGorilla, n.d.). These findings illustrate the systemic nature of hair discrimination, where deeply ingrained biases operate at a subconscious level, shaping opportunities and perpetuating inequity. The historical protests against these systemic barriers, from individual acts of defiance to collective advocacy, steadily built the momentum for legislative change.

The CROWN Act ❉ A Legislative Response to Enduring Prejudice

The Creating a Respectful and Open World for Natural Hair (CROWN) Act represents a significant legislative response to this long history of hair discrimination. California led the way, passing the first CROWN Act in 2019. This legislation explicitly prohibits discrimination based on hair texture and protective hairstyles, including braids, locs, twists, and Afros, in workplaces and public schools.

The passage of the CROWN Act at state and local levels marks a profound shift, compelling legal systems to recognize that discrimination against natural hair is indeed a form of racial discrimination. (Wikipedia, 2023; Legal Defense Fund, n.d.).

The journey of the CROWN Act to federal consideration, though still incomplete, reflects the cumulative weight of decades of protest and advocacy. The bill passed the U.S. House of Representatives in 2020 and again in 2022, though it has yet to be signed into national law.

(Wikipedia, 2023; The Person Beneath the Hair, 2023). The ongoing push for federal legislation underscores the continued need for universal protection, ensuring that the right to wear one’s natural hair, a fundamental expression of heritage and identity, is safeguarded across all states.

The CROWN Act’s very existence acknowledges the profound connection between hair, race, and identity, validating the experiences of countless individuals who have faced bias for simply existing in their natural form. It is a legislative echo of the “Black is Beautiful” movement, codified into law, affirming that ancestral hair patterns are not only acceptable but protected. This legislation builds upon a foundation laid by every person who refused to conform, every student sent home from school, and every employee denied an opportunity because of their hair. The CROWN Act stands as a testament to the power of persistent protest, a collective voice rising to declare that hair, in its myriad natural forms, is a crown of heritage, deserving of reverence and legal protection.

• Tignon Laws (1786) ❉ Mandated free women of color in New Orleans to cover their hair, a direct effort to diminish their social standing and perceived attractiveness.
• Madam C.J. Walker (early 20th Century) ❉ Popularized hot combs and hair care products, inadvertently contributing to the normalization of straightened hair as a means of social mobility.
• Civil Rights Movement (1960s) ❉ Saw the Afro emerge as a powerful symbol of Black pride and resistance against Eurocentric beauty standards.
• Jenkins V. Blue Cross Mutual Hospital Insurance (1976) ❉ Upheld that Afros were protected under Title VII, but did not extend protection to other natural styles.
• Rogers V. American Airlines (1981) ❉ Ruled against a Black woman challenging a ban on cornrows, establishing a precedent that deemed hairstyles ‘mutable’ and unprotected.
• Chastity Jones Case (2010s) ❉ Highlighted the ongoing vulnerability to discrimination based on locs, further demonstrating the inadequacy of existing laws.

Reflection

The journey through the historical protests that paved the way for the CROWN Act reveals more than a mere sequence of legal battles; it unveils a profound meditation on the enduring soul of a strand. Each coil, every kink, and all the glorious waves hold the collective memory of resilience, a silent chronicle of defiance and dignity. This is a story etched not only in legislative texts but within the very fibers of textured hair, a living, breathing archive passed through the tender hands of generations.

The fight for the CROWN Act is a continuation of an ancient dialogue, a persistent assertion that our hair, in its authentic state, is a sacred aspect of our being, deeply connected to our ancestral lineage and cultural identity. It reminds us that self-acceptance is not a solitary act but a communal inheritance, a luminous legacy we carry forward, strand by strand, into an unbound future.

References

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• White, S. & White, D. (1995). Stylin’ ❉ African-American Expressive Culture from Its Beginnings to the Zoot Suit. Cornell University Press.