What legal and cultural shifts led to the CROWN Act’s protection of textured hair heritage?

Roots

The story of textured hair, before it became entangled in the complexities of legal discourse, began in a realm far removed from modern jurisprudence ❉ the ancient landscapes of Africa. Here, hair was never a mere physiological attribute; it was a profound marker, a living tapestry that conveyed one’s lineage, social standing, spiritual beliefs, and even marital status. Consider the Yoruba people of West Africa, for whom hair was deeply valued, seen as a determinant of success or failure, a conduit to the divine.

(Miller, 2001). This deep reverence was not unique to one tribe; across the continent, from the Maasai of East Africa, whose distinct locs communicated age and social transitions, to the intricate cornrows of the Horn and West African regions dating back 5000 years, hair was an art form, a language spoken without words.

The biological marvel of textured hair, with its unique helical structure, provided natural insulation and protection against the sun, a biological adaptation that served ancestral communities well. Yet, this inherent beauty, this elemental biology, was later weaponized. When the transatlantic slave trade commenced, a brutal act of dehumanization often involved the forced shaving of enslaved Africans’ hair.

This was not simply a matter of hygiene; it was a deliberate, violent severing of ties to homeland, culture, and identity, stripping individuals of a fundamental expression of self. The intricate styles, the communal grooming rituals that once bound communities, were systematically dismantled, leaving a void that would persist for generations.

The historical roots of textured hair discrimination are deeply intertwined with the systematic erasure of Black identity during slavery, transforming a symbol of heritage into a target for oppression.

The Unraveling of Heritage

As enslaved Africans arrived in the Americas, the societal perception of their hair underwent a drastic transformation. The inherent difference in hair texture, once a source of pride and identification, was twisted into a symbol of inferiority. This was a calculated psychological warfare, designed to break spirits and enforce a racial hierarchy. Laws, subtle and overt, began to codify this disdain.

In 18th-century New Orleans, for instance, the Tignon Laws were enacted, forcing free Creole women of color, who often wore elaborate hairstyles showcasing their natural texture, to cover their hair with a tignon or headscarf. This legal mandate served to visually delineate them as members of the enslaved class, regardless of their freedom, and to curb their perceived allure to white men. This period marked the institutionalization of hair discrimination, laying a foundational prejudice that would echo through centuries.

The pervasive sentiment that textured hair was “unprofessional” or “unacceptable” began here, a narrative carefully constructed to align with Eurocentric beauty standards. This imposed standard led to generations seeking to alter their hair, often through damaging chemical processes or intense heat, a painful striving for acceptance in a society that devalued their natural being. The term “good hair” became synonymous with straighter textures, while natural, coiled hair was labeled “bad hair,” an internalized bias that reflected the deep societal conditioning.

Early Voices of Resistance

Even amidst such profound oppression, the spirit of resistance found expression through hair. Enslaved African women, despite the harsh conditions, sometimes braided rice seeds into their hair as a means of survival, a hidden act of preserving life and culture. Cornrows were used to map escape routes, a silent defiance against bondage.

These acts, though small, represent the enduring power of hair as a tool for autonomy and cultural continuity, even in the most hostile environments. The deep wisdom of ancestral practices, though suppressed, never truly vanished; it simply found new, often covert, ways to manifest, a testament to the resilience of heritage.

Ritual

As we step into the realm of ‘Ritual,’ we acknowledge the reader’s seeking for understanding beyond foundational knowledge, moving towards the lived experience and the practicalities of hair care and styling, especially how these practices have evolved and been preserved through generations. Here, we delve into the intricate dance between ancestral knowledge and contemporary expression, where the manipulation of textured hair transcends mere aesthetics to become a powerful act of self-care, community building, and cultural affirmation. The very act of styling, of tending to each coil and strand, becomes a conversation with the past, a continuation of practices that shaped identity long before legal mandates were conceived.

Traditional Styling as Cultural Expression

The styling of textured hair has always been a complex art, rooted in ancient traditions and passed down through oral histories and communal gatherings. From elaborate braids to intricate twists and locs, these styles were not just about appearance; they were visual narratives. They communicated age, marital status, tribal affiliation, and even a person’s readiness for war or their spiritual journey.

The creation of these styles often involved communal activities, particularly among women, where stories, wisdom, and support were exchanged, solidifying bonds and reinforcing collective identity. This shared experience of hair care became a vital mechanism for maintaining morale and cultural continuity, especially for enslaved populations separated from their familial and tribal networks.

• Braids ❉ A practice dating back thousands of years in African cultures, serving as both an art form and a means of communication.
• Locs ❉ Traditionally ceremonial styles, seen among groups like the Maasai tribe, symbolizing spiritual connection and strength.
• Bantu Knots ❉ Worn by the Zulu Tribe of South Africa, these coiled styles speak to specific cultural heritage.

However, the colonial gaze and the realities of slavery introduced a stark shift. The pressure to conform to Eurocentric beauty standards led many to abandon or alter these traditional styles. The hot comb, introduced in the late 1800s, and later chemical relaxers, became tools for assimilation, offering a temporary reprieve from discrimination but often at the cost of hair health and cultural connection. The internal conflict between honoring one’s natural texture and the societal pressure to straighten it became a deeply personal and often painful journey for many Black and mixed-race individuals.

The practice of hair styling, a deeply rooted cultural ritual, became a subtle yet potent act of resistance against imposed beauty norms and a vehicle for preserving ancestral identity.

Early Legal Skirmishes

The tension between traditional hair practices and societal expectations began to manifest in legal challenges as early as the mid-20th century. While the Civil Rights Act of 1964 aimed to address racial discrimination, it did not explicitly protect against discrimination based on hair texture or style. This omission created a loophole, allowing employers and schools to implement grooming policies that, while seemingly neutral, disproportionately affected Black individuals.

One of the earliest documented cases involved Renee Rogers, a ticket agent at American Airlines, who in 1981 challenged her employer’s policy prohibiting braided hairstyles. Rogers argued that cornrows were reflective of her African heritage. However, the court sided with the airline, ruling that braids were not an immutable racial characteristic, unlike skin color.

This ruling set a precedent that would impact similar cases for decades, illustrating the legal system’s initial failure to grasp the profound connection between hair and racial identity for Black people. The courts struggled to recognize that what appeared to be a mere “hairstyle choice” was, in fact, an expression of deeply rooted heritage and a physical manifestation of racial identity.

The persistence of these discriminatory practices, despite the advancements of the Civil Rights Movement, underscored a deeper societal reluctance to fully acknowledge and respect Black and mixed-race hair heritage. The legal landscape remained ambiguous, leaving individuals vulnerable to policies that equated natural hair with unprofessionalism, often forcing a choice between authentic self-expression and economic opportunity or educational access.

Relay

Our understanding of textured hair heritage compels us to examine the contemporary landscape, where the echoes of history meet the urgency of present-day justice. How did the persistent struggles for hair autonomy translate into the tangible protections offered by the CROWN Act, and what deeper cultural currents did this legislation stir? This section will explore the profound shifts that propelled textured hair from a personal choice to a protected characteristic, a journey where legal frameworks and societal consciousness began to align with the intrinsic value of Black and mixed-race identity. It is a story of collective will, sustained advocacy, and the powerful re-affirmation of heritage.

The Resurgence of Natural Hair

The late 20th and early 21st centuries witnessed a powerful resurgence of the natural hair movement, a wave of collective awakening that mirrored the “Black Is Beautiful” sentiment of the 1960s. This renewed commitment to embracing natural textures—afros, braids, locs, twists, and coils—was fueled by a desire for self-acceptance, a rejection of Eurocentric beauty standards, and a profound reconnection with ancestral roots. Social media platforms played a significant role in this revival, providing spaces for sharing knowledge, celebrating diverse hair textures, and building communities around natural hair journeys. This cultural shift, however, brought to the forefront the continued discrimination faced by individuals wearing their natural hair in professional and educational settings.

Despite the growing cultural acceptance within Black communities, systemic biases persisted. Studies revealed alarming statistics ❉ a 2019 Dove study found that Black women were 1.5 times more likely to be sent home from the workplace because of their hair. Furthermore, a 2023 study indicated that Black women’s hair is more than twice as likely as white women’s hair to be perceived as “unprofessional,” leading approximately two-thirds of Black women to change their hairstyle for job interviews. These figures painted a stark picture of ongoing prejudice, underscoring the critical need for legal intervention.

The CROWN Act ❉ A Legal Shield for Heritage

The CROWN Act, an acronym for “Creating a Respectful and Open World for Natural Hair,” emerged as a direct response to this pervasive discrimination. First introduced in California in 2019 by Senator Holly J. Mitchell, this legislative initiative sought to amend existing laws to explicitly prohibit discrimination based on hair texture and protective hairstyles associated with race. Its purpose was clear ❉ to close the loophole in civil rights legislation that had allowed hair-based discrimination to persist, by expanding the definition of race to include traits historically associated with race, such as hair texture.

The Act’s passage in California marked a historic moment, making it the first state to ban racial discrimination based on natural hair. This momentum quickly spread, with numerous states following suit, enacting their own versions of the CROWN Act. By early 2025, over two dozen states had passed such laws, a testament to the growing recognition of hair discrimination as a form of racial injustice. The CROWN Act directly addresses systemic racism by ensuring that individuals cannot be denied employment or educational opportunities because of hairstyles like afros, braids, locs, twists, or Bantu knots.

One poignant case that exemplifies the very issue the CROWN Act seeks to rectify is that of Chastity Jones. In 2010, Ms. Jones had a job offer rescinded by Catastrophe Management Solutions because she refused to cut her locs.

The company’s hiring manager reportedly told her that “they tend to get messy.” The Equal Employment Opportunity Commission (EEOC) filed a lawsuit on her behalf, but the courts, including the 11th Circuit Court of Appeals in 2016, upheld the dismissal, reasoning that racial discrimination must show bias on traits that a person cannot change, like skin color, and that hairstyles did not fit this category. This case, among others like that of Deandre Arnold, a Texas high school student prevented from participating in graduation due to his locs, vividly illustrates the critical gap in legal protection that the CROWN Act now seeks to fill.

The Broader Cultural Ripple

The CROWN Act is more than a legal document; it is a powerful affirmation of cultural heritage and self-expression. It signals a societal shift towards valuing diversity and dismantling long-held biases. By legally protecting textured hair, the Act promotes self-acceptance and empowers individuals to present their authentic selves without fear of professional or academic repercussions. This legislative victory also contributes to economic empowerment within the Black community by removing barriers to employment and educational advancement, helping to close socio-economic gaps.

The discourse surrounding the CROWN Act has also brought renewed attention to the psychological impact of hair discrimination. Being forced to alter one’s natural hair, or facing judgment for it, can lead to feelings of shame, anxiety, and diminished self-worth. The Act, by providing legal recourse and fostering a more inclusive environment, supports the mental and emotional well-being of Black and mixed-race individuals, allowing them to connect with their hair as a source of pride rather than a point of vulnerability.

• Legal Recognition ❉ The CROWN Act explicitly defines hair discrimination as racial discrimination, a crucial step in systemic change.
• Educational Equity ❉ Ensures students are not disciplined or denied opportunities based on their natural hair or protective styles.
• Workplace Inclusion ❉ Creates a more equitable environment where natural hair is recognized as professional and acceptable.

The journey towards comprehensive federal protection continues, with ongoing efforts to pass the CROWN Act at the national level. This sustained advocacy reflects a deep understanding that the protection of textured hair heritage is not merely about individual freedom, but about dismantling systemic racism and fostering a society where all forms of cultural expression are respected and celebrated. The legal and cultural shifts that led to the CROWN Act represent a significant stride in acknowledging and honoring the rich, complex narrative of textured hair, a narrative that has always been intertwined with the soul of a strand.

Reflection

The passage of the CROWN Act, in its various state-level manifestations, marks a profound moment in the enduring narrative of textured hair. It is a testament to the tireless spirit of those who understood, intrinsically, that hair is never merely fiber, but a living lineage, a sacred connection to ancestry and identity. This legislative triumph is not an end point, but rather a significant milestone in a continuous journey of reclamation and reverence for Black and mixed-race hair heritage.

It speaks to a deeper societal awakening, a growing understanding that true equity requires honoring every facet of one’s being, including the very strands that spring from one’s scalp. The Soul of a Strand whispers tales of resilience, of beauty forged in adversity, and of a heritage that, now more than ever, is unbound and celebrated.

References

• Byrd, A. D. & Tharps, L. L. (2001). Hair Story ❉ Untangling the Roots of Black Hair in America. St. Martin’s Press.
• Lawal, B. (2002). African Hairstyles ❉ Styles of Yesterday and Today. University Press of Mississippi.
• Miller, T. R. (2001). Hair in African Art and Culture. American Anthropologist, 103(1), 244-245.
• Omotos, A. (2018). Hair in Ancient African Civilizations. Journal of Pan African Studies .
• Patton, T. O. (2006). Hey Girl, Am I More Than My Hair? African American Women and Their Struggles with Beauty, Body Image, and Hair. NWSA Journal, 18(2), 24-51.
• Rooks, N. M. (1996). Hair Raising ❉ Beauty, Culture, and African American Women. Rutgers University Press.
• Sieber, R. J. & Herreman, F. (2000). Hair in African Art and Culture. The Museum for African Art.
• Thompson, C. (2009). Black Women, Beauty, and Hair as a Matter of Being. Women’s Studies ❉ An Inter-Disciplinary Journal, 38(8), 831-856.