What Legislative Changes Protected Textured Hair Rights?

Roots

The story of legislative protections for textured hair begins not in a courtroom or a legislative chamber, but in the earliest expressions of identity carved into the human spirit, reaching back to the ancient lands of Africa. For millennia, hairstyles in African civilizations were not merely adornments; they were intricate maps of social standing, age, marital status, spiritual beliefs, and tribal affiliation. Each braid, each knot, each intricate pattern communicated a wealth of information, a language spoken through strands. The very architecture of Afro-textured hair, with its unique follicular structure, lent itself to these diverse and meaningful expressions, becoming a canvas for culture and an archive of communal memory.

This deep relationship with hair as a marker of identity was brutally disrupted during the transatlantic slave trade. Enslaved Africans were often subjected to head shaving upon arrival, an act designed to strip them of their cultural identity, sever their ties to homeland, and dehumanize them (Kilburn & Strode, 2021). What followed was a deliberate imposition of Eurocentric beauty standards, deeming textured hair as “uncivilized” or “unprofessional,” a narrative that persisted through generations and became deeply ingrained in societal norms.

Ancestral Declarations in Every Strand

Long before formalized laws, ancestral wisdom provided the first protections for textured hair. These were not statutes written on parchment, but practices etched into communal memory, passed down through the tender care of hands. Hairstyles indicated a woman’s marital status, her fertility, or her rank within the community. Young women wore elaborate braids during initiation ceremonies, signifying their transition to adulthood.

In Yoruba cosmology, hair is considered sacred, a medium of spiritual energy connecting individuals to their ancestors and deities. This profound connection meant that practices for caring for hair were intrinsically linked to well-being, fostering a holistic approach that recognized the hair as a vital extension of the self and the spirit.

The Tignon Laws and Early Contestation

One of the earliest, most blatant legislative attempts to control Black women’s hair in the Western world arose in 18th-century Louisiana. The Spanish Governor Esteban Rodríguez Miró enacted the Tignon Laws in 1786. These laws compelled free women of color to cover their hair with a tignon, a headscarf, in public spaces. The intent was clear: to visibly differentiate free Black women from white women, curtail their perceived “luxury in their bearing,” and diminish their social standing, particularly as their elaborate hairstyles were seen to attract white men.

The Tignon Laws, though designed to diminish, became a testament to the enduring spirit of defiance, transforming mandated concealment into vibrant self-expression.

Yet, in a powerful act of collective resistance, these women transformed the very instrument of their oppression into a symbol of defiance and beauty. They fashioned their tignons from sumptuous, colorful fabrics, adorning them with jewels and ribbons, tying them in imaginative, striking knots. What was meant as a badge of inferiority became a mark of distinction, a vibrant declaration of their intrinsic beauty and resilience, a subtle rebellion against the very law that sought to constrain them. This historical example underscores the deep-seated tension between legislated control and the inherent cultural significance of textured hair, setting an early precedent for the long journey towards legal protection.

The wisdom embedded in African societies, where hair communicated status, age, and spiritual beliefs, stands in stark contrast to these colonial efforts at erasure. The intricate braiding traditions, some thousands of years old, served not only aesthetic purposes but also as silent forms of communication and resistance during enslavement.

Ritual

The conscious act of caring for textured hair, from ancient traditions to contemporary routines, embodies a profound ritual. It is a dialogue with one’s heritage, a practice rooted in ancestral wisdom and attuned to the unique needs of coils and curls. Historically, the elaborate styling and care practices were not mere aesthetics; they were integral to communal life, reflecting identity and belonging. With the echoes of past discrimination still present, legislative changes now provide a protective canopy for these deeply personal and cultural rituals, allowing individuals to honor their hair without fear of punitive measures.

Styling as a Heritage Statement

Generations have passed down methods for shaping and protecting textured hair, techniques that speak to ingenuity and deep knowledge of natural materials. Styles like braids, locs, twists, and bantu knots have historical roots extending back thousands of years in African cultures, serving as protective measures, communal bonds, and statements of identity. The resilience of these styles, surviving centuries of attempted erasure, underscores their significance as living expressions of heritage.

The advent of modern anti-discrimination laws directly addresses the right to wear these culturally significant styles without professional or educational repercussions. These laws acknowledge that a hairstyle is often an extension of one’s cultural identity and should not be subject to discriminatory judgment.

For instance, military grooming standards, historically biased towards Eurocentric hair types, have undergone significant revisions. As recently as 2014, the Army updated its grooming standards to ban large cornrows, twists, and dreadlocks, sparking widespread criticism. However, in response to advocacy and the broader CROWN Act movement, military branches began updating their policies in 2019 and 2020, lifting bans on these traditional styles.

This policy shift represents a crucial step in recognizing the cultural validity of textured hairstyles within a professional setting, allowing individuals to serve their country without compromising their heritage. It acknowledges that true professionalism does not depend on the texture or style of one’s hair.

Tools and Traditional Techniques

The tools and techniques associated with textured hair care have their own lineage. From ancient combs carved from wood or bone, used for intricate parting and detangling, to natural ingredients drawn from the earth for cleansing and moisturizing, these elements formed the holistic framework of ancestral hair wellness. Modern legislative movements, while not directly regulating styling tools, indirectly support the continued use and celebration of traditional methods by protecting the hairstyles they help create. This ensures that the cultural legacy of hair care, passed down through families and communities, remains vibrant and unburdened by external pressures to conform.

• Combs and picks ❉ Historically crafted from natural materials, these tools were essential for detangling and creating intricate patterns in hair.
• Hair adornments ❉ Beads, cowrie shells, and other natural elements were used to signify status, marital state, or spiritual connection, embodying a rich heritage of self-expression.
• Natural oils and butters ❉ Ingredients such as shea butter and various plant oils were used for centuries to nourish, protect, and style textured hair, reflecting an ancestral understanding of its unique needs.

The journey of textured hair through history reveals how deeply intertwined it is with identity and community. Practices that were once a natural part of life became acts of quiet defiance, then bold political statements. Now, with legislative backing, the right to wear these styles is no longer a protest but a protected freedom, a testament to the power of cultural memory.

Relay

The passage of laws protecting textured hair rights represents a crucial relay race across generations ❉ a handover of the torch from those who endured silent discrimination to those who now demand justice through legislation. This legal shift acknowledges that hair, for Black and mixed-race individuals, is far more than a personal aesthetic; it is an inseparable aspect of racial identity, cultural heritage, and often, a site of systemic bias. These legislative efforts aim to dismantle discriminatory practices deeply rooted in historical prejudices, ensuring that schools and workplaces become spaces where one’s natural self is respected, not penalized.

The CROWN Act Movement

At the forefront of these legislative changes stands the CROWN Act, an acronym for “Creating a Respectful and Open World for Natural Hair.” Initiated in 2019 by the CROWN Coalition, this movement seeks to expand existing anti-discrimination laws to explicitly include protection against discrimination based on hair texture and protective hairstyles commonly associated with a particular race or national origin. This includes styles such as braids, locs, twists, bantu knots, and afros.

The impetus for this legislation arose from a pervasive reality: Black individuals, especially women and girls, faced routine discrimination in educational and professional settings because of their natural hair. A 2019 study by Dove, a founding member of the CROWN Coalition, revealed that Black women are 1.5 times more likely to be sent home from the workplace due to their hair. Moreover, 80 percent of Black women reported feeling compelled to change their hair from its natural state to align with more conservative standards in order to fit into professional environments.

This cultural pressure extended to younger generations, with a 2021 CROWN Research Study for Girls indicating that 66% of Black children in majority-white schools experienced race-based hair discrimination. Such findings underscore the urgent need for statutory clarity, as prior civil rights legislation, while prohibiting racial discrimination, often left the interpretation of hair bias to court rulings, which sometimes narrowly construed these protections.

The CROWN Act signifies a legislative stand against the lingering echoes of historical hair prejudice, affirming the dignity of textured hair.

California became the first state to sign the CROWN Act into law in July 2019. This landmark action sparked a nationwide ripple, inspiring states across the country to adopt similar legislation. As of 2024, at least 24 states have enacted their versions of the CROWN Act, creating legal safeguards in workplaces and K-12 public and charter schools. These state-level successes demonstrate a growing recognition of hair discrimination as a manifestation of systemic racism and a violation of an individual’s right to cultural expression.

Federal Efforts and Ongoing Realities

Despite significant state-level progress, a federal CROWN Act has faced challenges in achieving full enactment. The bill passed the U.S. House of Representatives in March 2022 but did not advance in the Senate.

Though it has been reintroduced in subsequent legislative sessions, its federal passage remains a critical goal for advocates who seek consistent, nationwide protection against hair discrimination. A national law would provide a uniform standard, alleviating the burden on individuals to navigate varying protections across state lines.

Beyond the CROWN Act, the legal landscape surrounding textured hair rights continues to evolve. Discussions around integrating hair texture as a protected characteristic within broader equality acts reflect a more comprehensive approach to combating bias. Legal challenges persist, as evidenced by ongoing litigation where individuals seek recourse against discriminatory policies even in states with CROWN Act protections. For instance, the case of Chastity Jones, who alleged her job offer was rescinded due to her locs, illustrates the deep-seated nature of these biases and the persistent need for legal intervention and enforcement (Legal Defense Fund, 2020).

The movement also sees local municipalities taking proactive steps. Cities in various states have passed their own CROWN Act ordinances, often preceding or complementing state-level legislation. These local efforts contribute to a broader groundswell of support, building momentum for more widespread legislative change.

1. CROWN Act States ❉ As of 2024, states including California, New York, Illinois, Louisiana, Maryland, Massachusetts, New Jersey, and Texas have enacted versions of the CROWN Act or similar anti-hair discrimination legislation.
2. Military Policy Shifts ❉ The Department of Defense and individual military branches have revised grooming standards to be more inclusive of natural Black hairstyles like locs and twists, acknowledging cultural differences and promoting equity.
3. Litigation and Advocacy ❉ Legal defense organizations continue to litigate cases of hair discrimination and advocate for legislative reform, drawing attention to the economic and psychological impact of such biases.

The legislative efforts are a direct response to a painful history of policing Black and mixed-race hair. They represent a collective declaration that hair discrimination is not merely an issue of appearance, but a systemic barrier to equality and an affront to cultural heritage. These laws are an affirmation of self, a legislative embrace of the coils, curls, and textures that have long told a story of resilience and identity.

Reflection

The journey to protect textured hair rights through legislation is a profound testament to the enduring power of heritage and the unyielding spirit of those who carry it. It is a story not yet complete, a symphony still being written, but each new law, each shifted policy, adds a resonant chord to the harmony of acceptance and cultural recognition. The deep, ancestral roots of textured hair, so often misunderstood or deliberately suppressed, are finding firm ground in legal frameworks, allowing individuals to stand tall in their authentic selves. The vibrant coils and rich textures, once subjected to the scrutiny of alien standards, now find their place of honor, not merely tolerated but formally protected.

This legislative movement, spearheaded by the CROWN Act and its many state iterations, moves beyond mere legality; it reaches into the heart of identity, validating the experiences of generations and affirming the inherent beauty of Black and mixed-race hair. It is a vital step towards a future where the “Soul of a Strand” can truly unfurl, unbound by prejudice, freely expressing the rich narrative of its origins and its journey.