What legal moments influenced textured hair acceptance?

Roots

When we consider the enduring resilience of textured hair, we begin a journey through time, a meditation on its very fibers, its inherent patterns, and the ancestral wisdom woven into its being. For generations, the coils, kinks, and waves that bless Black and mixed-race communities have represented far more than mere biological structures. They are living archives, carriers of lineage, and profound symbols of identity, communication, and spiritual connection. The legal battles fought for textured hair acceptance are not isolated incidents; they are echoes from a long historical struggle, reaching back to times when the recognition of one’s natural self was challenged by oppressive structures.

These moments, etched in court documents and legislative halls, tell a story of societal attempts to control Black and mixed-race bodies, yet simultaneously reveal the unwavering spirit that refused to be confined. Each ruling, each act, is a testament to the persistent assertion of a heritage that would not be denied its rightful place in the world.

The Tignon Laws Earliest Legal Challenge

To truly understand the journey of textured hair acceptance, one must turn to the Tignon Laws of late 18th-century New Orleans. These edicts, enacted by the Spanish colonial governor Esteban Rodríguez Miró, were not about hair health or communal beauty; they were about control and the forced erasure of visible Black identity. Free Creole women of color, renowned for their sophisticated coiffures adorned with feathers and jewels, presented a perceived challenge to the established social hierarchy. Their hair, styled in ways that honored their ancestral traditions, was seen as a symbol of defiance and prosperity.

The Tignon Laws demanded that these women cover their hair with a tignon, a scarf or handkerchief, regardless of their free status. This legal imposition sought to mark them, to diminish their public presence, and to signify their supposed lower social standing, divorcing them from their ancestral practices of hair adornment as a mark of status. This historical moment serves as a potent reminder that legal systems have long sought to regulate Black hair, viewing it not as a natural expression of self, but as a site for social and racial policing.

The Tignon Laws stand as an early legal attempt to suppress the visual expression of Black identity and heritage through hair.

Foundational Statutes and Their Initial Interpretations

Moving into the 20th century, the landscape of civil rights began to shift, leading to landmark legislation like the Civil Rights Act of 1964. This federal act sought to dismantle discrimination based on race, color, religion, sex, or national origin. While groundbreaking, the act did not explicitly address hair discrimination, leaving courts to interpret its applicability to Black hair. This ambiguity created a challenging environment where the legal recognition of textured hair as an inherent racial characteristic remained elusive for many years.

It was a time when the legal framework, however progressive it aimed to be, often failed to grasp the deep cultural significance and ancestral ties that Black hair held within its communities. The path to acceptance, therefore, often relied on the slow, arduous process of individual cases chipping away at deeply ingrained biases within the legal system itself.

Legal Milestones ❉ The Afro’s First Stand

The 1970s brought the Afro to the forefront of cultural expression and, inevitably, into legal scrutiny. The Afro, a powerful symbol of the Black Power Movement, proudly proclaimed a rejection of Eurocentric beauty norms and a return to ancestral aesthetics. In this context, the case of Jenkins v. Blue Cross Mutual Hospital Insurance in 1976 represented a significant, though limited, victory.

Beverly Jenkins, a Black employee, was denied a promotion due to her Afro. The U.S. Court of Appeals for the Seventh Circuit upheld her race discrimination lawsuit, affirming that Afros were protected under Title VII of the Civil Rights Act of 1964. This ruling was a step forward, yet it did not extend broad protections against other forms of hair discrimination, particularly those involving styled textured hair. It served as a legal acknowledgement of hair in its natural, unaltered state, while leaving other ancestral styles vulnerable to challenge.

Ritual

The rhythm of hair care, a ritual passed through generations, speaks volumes about a people’s enduring connection to their heritage. This tender thread of tradition, encompassing everything from cleansing routines to styling techniques, has long been a source of communal identity and personal expression within Black and mixed-race families. Yet, these intimate practices, born of ancestral wisdom and care, often clashed with societal norms enforced through various legal mechanisms.

Understanding these moments requires delving into the very heart of how traditional styling practices, often protective and deeply cultural, were perceived and judged within a system that prioritized a narrow, Eurocentric aesthetic. It is in these spaces—the workplace, the school, the public square—where the rituals of hair care and styling became sites of legal contention, pushing communities to defend their right to self-definition.

The Unseen Battlegrounds of Hair Acceptance

For many years, the legal landscape surrounding textured hair was marked by a fundamental misunderstanding of its inherent characteristics and its cultural significance. This misinterpretation often led to rulings that prioritized uniformity over identity, effectively penalizing Black individuals for their natural appearance or preferred cultural styles. The cases that emerged in the 1980s, particularly those involving protective styles, underscore this struggle. Policies that seemed neutral on their surface often had a disproportionate and detrimental impact on Black and mixed-race individuals, forcing them to choose between their livelihood or education and their deeply rooted hair heritage.

Why Did Legal Rulings Distinguish Hair Texture From Style?

The distinction made by courts between hair texture and hair style proved to be a persistent hurdle for textured hair acceptance. While some early rulings offered limited protection for Afros, which were seen as an immutable characteristic of Black hair, protective styles like braids and cornrows faced different legal interpretations. The courts often viewed these styles as “mutable” or changeable, thereby arguing they were not inherently racial characteristics protected by anti-discrimination laws.

This perspective ignored centuries of ancestral practices where intricate braiding patterns were not just decorative, but served protective, social, and spiritual functions. The legal reasoning overlooked the cultural and historical ties that made these styles inextricable from Black identity.

A critical example of this legal oversight is the 1981 case of Rogers v. American Airlines. Renee Rogers, a Black airport operations agent, challenged American Airlines’ policy prohibiting employees from wearing all-braided hairstyles, specifically cornrows. Rogers argued that these braids were culturally important to Black women.

However, the United States District Court for the Southern District of New York sided with the airline, concluding that the grooming policy was not discriminatory because cornrows were not an “immutable racial characteristic,” meaning they could be easily changed. The court’s decision, attributing the popularity of cornrows to a fleeting trend rather than a long African tradition, highlighted a significant lack of cultural awareness within the legal system. This ruling set a challenging precedent, effectively allowing employers to ban specific hairstyles commonly worn by Black individuals.

This precedent continued to influence later cases, such as EEOC v. Catastrophe Management Solutions in 2016. In this instance, Chasity Jones had a job offer rescinded because she refused to cut her locs. The Eleventh Circuit Court of Appeals upheld the employer’s decision, asserting that Title VII protects immutable characteristics, not cultural practices.

These rulings underscored a fundamental disconnect ❉ the legal system failed to recognize that for Black people, styles like locs or braids are not merely choices; they are often extensions of their natural hair texture, protective measures, and deeply rooted cultural expressions that carry generations of ancestral meaning. The idea that these styles are “mutable” or easily changed ignores the significant time, expense, and potential damage to hair texture that altering them would entail, let alone the severance from a profound aspect of heritage.

Early court decisions often missed the deep cultural and historical ties of textured hairstyles, categorizing them as mere mutable choices rather than expressions of racial heritage.

Impact on Black and Mixed-Race Experiences

The practical consequences of these legal battles were profound for Black and mixed-race individuals. Many faced the impossible choice between adhering to discriminatory grooming policies and risking their education or employment. A 2020 study by Michigan State University and Duke University revealed that Black women with natural hairstyles were less likely to secure job interviews compared to white women or Black women with straightened hair.

Furthermore, a 2019 study indicated that Black women were 1.5 times more likely to be sent home from work due to their hair. These statistics paint a stark picture of how legal ambiguity and societal biases perpetuated systemic discrimination, forcing many to undergo chemical straightening or other methods that often compromised the health of their hair, all to conform to a narrow, imposed standard of “professionalism.” This pressure amounted to a continuous subtle erosion of ancestral beauty practices and a denial of self.

• Chemical Straightening ❉ Historically, legal and social pressures led to widespread use of relaxers and hot combs to conform to Eurocentric standards, often at the expense of hair health.
• Self-Esteem and Identity ❉ Children as young as five years old have experienced hair discrimination, impacting their self-esteem and sense of belonging.
• Economic Burden ❉ The necessity to alter hair for employment or school often entailed significant financial and time investments for hair care and products.

Relay

The relay of ancestral wisdom, carried forward through the living strands of textured hair, finds its contemporary voice in the legislative advancements seeking to secure its place in society. This is the moment where legal frameworks begin to align with the profound cultural truths of Black and mixed-race hair heritage, moving beyond surface-level aesthetics to affirm deeply held identities. The struggle, however, is not over; it is a continuous process of education, advocacy, and persistent assertion of the right to express oneself without penalty. This contemporary era is marked by a collective push to transform outdated biases into policies that truly reflect a respectful and equitable world for all hair textures.

The CROWN Act A New Horizon

A significant turning point in the legal landscape arrived with the advent of the CROWN Act, an acronym for “Creating a Respectful and Open World for Natural Hair.” This legislative movement directly addresses the gaps and shortcomings of previous anti-discrimination laws. The CROWN Act’s purpose is clear ❉ to prohibit discrimination based on hair texture and protective hairstyles commonly associated with a particular race or national origin, specifically recognizing styles like locs, braids, twists, Bantu knots, and Afros. It represents a profound shift in legal thought, acknowledging that hair discrimination is a form of racial discrimination.

California led the way, passing the first statewide CROWN Act in July 2019, which took effect in January 2020. This legislative act amended the state’s Fair Employment and Housing Act, explicitly including language about hair discrimination. Since then, a growing number of states have followed suit. As of September 2024, twenty-seven states, along with Washington, D.C.

have passed similar CROWN laws. This growing wave of state-level legislation signifies a collective awakening to the historical injustices faced by Black individuals concerning their hair. These laws are not merely about preventing job loss or school exclusion; they are about validating a fundamental aspect of Black identity and ensuring that ancestral practices of hair adornment and care are honored and protected in contemporary spaces.

The CROWN Act movement marks a crucial shift towards legally safeguarding textured hair as an integral component of racial and cultural identity.

The impact of the CROWN Act extends to both employment and educational settings. Research reveals the persistent challenges faced by Black individuals prior to these protections. For instance, a 2023 workplace study indicated that Black women’s hair is 2.5 times more likely to be perceived as “unprofessional.” Furthermore, nearly two-thirds of Black women (66%) report changing their hair for job interviews, with 41% altering their hair from curly to straight.

In schools, the reality is equally stark; 66% of Black children in majority-white schools have experienced hair discrimination, with 86% facing it by the age of 12. The CROWN Act aims to dismantle these systemic biases, creating environments where textured hair, in its diverse forms, is accepted and celebrated.

Federal Ambitions and the Path Forward

While the state-level progress of the CROWN Act is commendable, efforts to pass a federal CROWN Act have faced a more arduous journey. The bill has passed the House of Representatives multiple times, in 2020 and 2022, signaling broad support within that chamber. However, the companion bill has yet to succeed in the Senate, highlighting the ongoing legislative hurdles at the national level.

A federal law would provide uniform protection across all 50 states, ensuring that no Black individual is left vulnerable to hair discrimination based on their geographical location. The continued advocacy by the CROWN Coalition, spearheaded by organizations such as Dove, the National Urban League, and Color of Change, underscores the collective will to see this federal legislation enacted.

The movement behind the CROWN Act is more than a legislative push; it is a cultural phenomenon that builds upon centuries of ancestral resilience. It draws strength from historical movements, such as the Black Power Movement of the 1960s and 70s, which saw the Afro become a symbol of resistance and pride. This modern movement reflects a continued assertion of identity and a refusal to allow Eurocentric beauty standards to dictate professionalism or worth. It underscores the profound link between physical appearance, cultural heritage, and the right to exist authentically in all spaces.

• Advocacy Coalitions ❉ Groups like the CROWN Coalition have been instrumental in raising awareness and lobbying for legislative change across the nation.
• Community Engagement ❉ The movement empowers communities to share their experiences, fostering a deeper societal understanding of hair discrimination and its historical roots.
• Cultural Competency Training ❉ Beyond legislation, many advocate for training in schools and workplaces to address implicit biases concerning textured hair.

Modern Legal Trends ❉ Education and Professional Standards

The legal landscape is also evolving in other significant ways, particularly concerning professional education within the cosmetology industry. For generations, the beauty industry often marginalized textured hair, leaving many stylists unprepared to work with its unique characteristics. This created a “texture gap,” where clients with curly, coily, and kinky hair often received substandard services or were turned away entirely.

How Are Cosmetology Schools Adapting to Textured Hair Needs?

In November 2021, Louisiana made history by becoming the first state to mandate that cosmetology students demonstrate proficiency in cutting textured hair to receive their license. This forward-thinking legislation aimed to address the disparities in salon experiences for individuals with textured hair, ensuring that licensed professionals could competently serve all hair types. This initial step focused on cutting techniques, but a broader movement, championed by organizations like the Professional Beauty Association (PBA) and the Texture Education Collective (TEC), seeks to expand these requirements.

Since Louisiana’s pioneering effort, other states, including New York, Minnesota, Connecticut, and California, have also implemented laws requiring cosmetology licensees to be formally trained in textured haircare, encompassing cutting, coloring, and styling. These laws are a testament to the growing recognition that professional standards must reflect the diverse hair textures of the population. They ensure that ancestral practices of hair care, often developed for these specific textures, are understood and respected within professional settings.

This legal push validates the biological and cultural reality of textured hair, affirming its place within the broader spectrum of beauty and care. It’s a quiet but profound shift that empowers individuals with textured hair to seek professional services without fear of misunderstanding or discrimination, honoring the rich heritage of their strands.

Reflection

The journey of textured hair acceptance, marked by these legal moments, is a profound testament to the enduring spirit of Black and mixed-race communities. From the oppressive tignon laws that sought to veil vibrant identities to the modern CROWN Act that proclaims a universal right to self-expression, each step has been a declaration of inherent worth. This ongoing movement reminds us that hair is never merely fiber; it is a living, breathing archive of ancestral wisdom, cultural narratives, and unyielding resilience. As we continue to uphold these legal protections and advocate for deeper understanding, we nurture a future where every strand tells a story of pride, unburdened by prejudice, truly reflecting the Soul of a Strand in all its magnificent heritage.