What modern laws protect natural textured hairstyles?

Roots

For those who carry the stories of coils, kinks, and waves within their very being, the journey of textured hair is not merely one of aesthetic preference; it is a profound connection to ancestral legacies. It is a dialogue with generations past, a visible chronicle of survival, artistry, and resilience. To speak of modern laws protecting natural textured hairstyles is to acknowledge a long-standing struggle against forces that sought to sever this connection, to diminish a vibrant heritage.

We consider how the very structure of textured hair, from its anatomical foundations to its diverse classifications, has been historically understood, misunderstood, and, at times, policed. This exploration begins not with legal statutes, but with the intrinsic value of hair itself, a value recognized and celebrated in Black and mixed-race communities for centuries.

Hair Anatomy and Ancestral Perspectives

The biological makeup of textured hair, with its unique follicular structure and curl patterns, contributes to its distinct needs and styling possibilities. Scientifically, the shape of the hair follicle, which can be elliptical or flat, dictates the degree of curl, from broad waves to tight coils. This intrinsic variation, while scientifically understood today, has always been an observed reality within ancestral communities.

Traditional hair care practices, passed down through oral histories and communal rituals, often reflected an intuitive understanding of these differences, long before microscopes revealed cellular details. The very nomenclature used in some ancestral traditions to describe hair types spoke to this intimate knowledge, recognizing the subtle shifts in texture and how they might respond to different botanical treatments or styling methods.

Textured Hair Classification Systems and Their Heritage

Modern classification systems for textured hair, such as the widely known numerical and alphabetical scales, attempt to categorize the spectrum of curl patterns. Yet, these systems, while useful for product development and communication in a contemporary context, sometimes inadvertently flatten the rich, diverse understandings of hair that existed in various African societies. In many ancestral cultures, hair classification was not a rigid scientific exercise, but a fluid, culturally embedded practice tied to identity, status, and life stages. A specific braid pattern, for instance, might denote marital status, age, or even a particular tribal affiliation, far beyond a simple curl type.

The legacy of such classifications reminds us that hair has always been a language, a complex system of meaning that transcends mere physical description. To fully grasp what modern laws protect natural textured hairstyles, one must first appreciate the depth of meaning these textures have historically held.

The Essential Lexicon of Textured Hair

The language surrounding textured hair is rich and ever-evolving, a blend of scientific terms, cultural expressions, and historical references. Words like Locs, Cornrows, Bantu Knots, and Afros are not merely descriptions of styles; they are echoes of heritage, each carrying a story of resilience, adaptation, and artistic expression. These terms, now codified within legal frameworks like the CROWN Act, represent hairstyles that have historically been targeted by discriminatory policies. The very act of naming these styles in legislation acknowledges their cultural significance and the historical context of their suppression.

It is a recognition that hair is not simply an accessory, but a profound marker of identity, intrinsically linked to race and ancestry. (Thompson, 2009).

The intrinsic variations of textured hair have always been understood within ancestral communities, influencing traditional care practices.

Hair Growth Cycles and Historical Influences

The natural growth cycles of hair, from its active growth phase to its resting and shedding stages, are universal biological processes. However, historical environmental factors, dietary practices, and communal living conditions in ancestral African societies undoubtedly played a role in hair health and appearance. Traditional diets rich in natural ingredients, often plant-based, contributed to overall wellness, which in turn supported healthy hair growth.

The communal aspect of hair care, where styling was often a shared activity, also provided opportunities for knowledge transfer about maintaining hair integrity through its cycles, adapting practices to seasonal changes or life events. Understanding these historical influences helps to ground our contemporary appreciation for holistic hair care, recognizing that well-being, both internal and external, contributes to the vitality of our strands.

Ritual

As we move from the foundational understanding of textured hair to the practical realm of its care and styling, we acknowledge a deep yearning within many to connect with traditions that honor their strands. This section explores how modern laws protect natural textured hairstyles by recognizing the enduring significance of these practices, from ancient techniques to contemporary adaptations. It is a journey into the applied knowledge, a gentle guidance through the methods and tools that have shaped the heritage of textured hair, always with reverence for the wisdom passed down through generations.

Protective Styling Heritage

Protective styles, such as Braids, Twists, and Locs, hold a storied place in the heritage of textured hair. These styles, far from being mere fashion statements, served practical purposes in ancestral communities, protecting hair from environmental elements, minimizing breakage, and promoting length retention. They were also intricate forms of artistic expression, often carrying symbolic meanings related to social status, age, or spiritual beliefs. The evolution of these styles across continents, adapting to new environments and cultural exchanges, speaks to their enduring utility and beauty.

Modern laws, particularly the CROWN Act, explicitly name many of these protective styles, acknowledging their historical and cultural significance and seeking to safeguard individuals from discrimination based on their choice to wear them. This legislative recognition is a powerful affirmation of a heritage that has long been devalued in dominant societal norms.

Natural Styling and Ancestral Definition

The art of defining and enhancing natural curl patterns has been a part of textured hair heritage for centuries. Before the advent of modern styling products, ancestral communities utilized natural ingredients and specific techniques to cleanse, moisturize, and shape their hair. These methods, often passed down through families, celebrated the inherent beauty of each strand’s unique formation.

The connection between the texture of hair and its styling is deeply rooted in ancestral knowledge, where the interplay of water, natural oils, and manipulation created desired forms. The very act of wearing one’s hair in its natural state, unadulterated by chemical alteration, has become a powerful statement of self-acceptance and cultural pride, a contemporary echo of ancestral practices that revered hair in its original form.

Protective styles, deeply rooted in ancestral practices, are now recognized and safeguarded by modern legislation.

Wigs and Hair Extensions

The history of wigs and hair extensions within Black and mixed-race communities is multifaceted, reflecting both practical needs and evolving aesthetic sensibilities. In some ancestral traditions, hair adornments and extensions were used for ceremonial purposes, to signify status, or to simply enhance natural beauty. The transatlantic slave trade brought significant shifts, as enslaved individuals often had limited means to care for their hair, leading to practical styles or coverings.

Later, as Black communities navigated societal pressures, wigs and extensions sometimes served as a means of conforming to Eurocentric beauty standards or as protective measures for natural hair. Modern laws protecting natural textured hairstyles do not negate the historical use of wigs and extensions, but rather work to ensure that individuals have the freedom to choose how they present their hair without fear of discrimination, whether that choice involves natural styles or historically significant adornments.

Heat Styling and Historical Methods

The use of heat to alter hair texture has a complex history within textured hair heritage. While modern heat styling tools offer new possibilities for temporary straightening or curl definition, historical methods, such as the use of heated combs, emerged as responses to societal pressures to conform to straight hair ideals. Madam C.J.

Walker’s innovations, for instance, provided tools that allowed Black women to achieve smoother styles, a practice that, while sometimes seen as a departure from natural hair, also offered a degree of social and economic mobility in a discriminatory landscape (Byrd & Tharps, 2001). Modern laws, by protecting natural textures, seek to lessen the historical burden of feeling compelled to chemically or thermally alter hair for acceptance, allowing individuals to make choices that align with their personal comfort and cultural identity.

The Textured Hair Toolkit

From ancient combs carved from wood or bone to contemporary brushes and styling implements, the tools used for textured hair care have evolved significantly. Yet, the principles of gentle detangling, sectioning, and precise styling remain constant, echoing practices that have been passed down through generations. The development of specific tools for textured hair reflects an ongoing dedication to its unique needs. Modern legal protections, by validating the right to wear natural styles, indirectly support the market for and innovation in tools that cater to these textures, allowing individuals to care for and style their hair in ways that honor its natural state and ancestral lineage.

Relay

We now arrive at a deeper consideration of what modern laws protect natural textured hairstyles, understanding these legal frameworks not as isolated acts, but as vital links in a long chain of resistance and affirmation. This exploration delves into the intricate interplay of legal, social, and cultural forces that shape the present reality of textured hair, drawing upon historical precedents and contemporary insights to illuminate the path forward. It is here that science, heritage, and the evolving understanding of identity truly converge, revealing the profound impact of these protections on individual lives and collective narratives.

The CROWN Act

The most prominent modern legal protection for natural textured hairstyles in the United States is the CROWN Act, an acronym for “Creating a Respectful and Open World for Natural Hair.” This legislation directly addresses race-based hair discrimination by expanding the definition of race in anti-discrimination laws to explicitly include hair texture and protective hairstyles. As of July 2024, at least 25 states have passed some form of the CROWN Act or similar legislation, including California, New York, New Jersey, and Texas. These laws aim to end the denial of employment, educational, and other opportunities based on hairstyles such as Locs, Cornrows, Twists, Braids, Bantu Knots, and Afros. The passage of the CROWN Act represents a significant step in rectifying historical injustices, recognizing that hair discrimination is a form of racial discrimination.

Historical Roots of Hair Discrimination Law

To fully grasp the necessity of the CROWN Act, one must acknowledge the historical context of hair discrimination. For centuries, particularly in the United States, Black hair has been a site of control and oppression. A stark historical example is the Tignon Laws enacted in Louisiana in 1786. These laws mandated that free Black women cover their elaborate hairstyles with a tignon, a headscarf, in public.

The intent was to visually distinguish Black women from white women and reinforce social hierarchies, stemming from white women’s resentment of the attention Black women’s hairstyles garnered. Despite the oppressive intent, these women often transformed the mandated head coverings into elaborate statements of defiance and artistry, demonstrating remarkable resilience. This historical precedent illustrates how hair has been weaponized to control identity and limit social mobility, underscoring the deep heritage of resistance tied to Black hair. The CROWN Act stands as a modern counterpoint to such historical decrees, seeking to dismantle the lingering effects of these discriminatory practices.

Why Existing Anti-Discrimination Laws Fell Short?

Prior to the CROWN Act, federal anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, prohibited employment discrimination based on race. However, courts often interpreted these laws narrowly, ruling that discrimination against hairstyles was not necessarily racial discrimination because hairstyles were considered “mutable” or changeable characteristics, not inherent racial traits. This interpretation created a loophole, allowing employers and schools to enforce grooming policies that disproportionately affected Black individuals. For instance, in the 2016 case of EEOC v.

Catastrophe Management Solutions, a Black woman, Chasity Jones, had a job offer rescinded because she refused to cut her locs. The Eleventh Circuit Court of Appeals ruled that the company’s refusal did not violate Title VII, stating that locs were a changeable characteristic. This case powerfully illuminates the gap in existing federal protections and the ongoing need for explicit legislation like the CROWN Act. A 2019 study by Dove found that Black women are 1.5 times more likely to be sent home from the workplace because of their hair, a statistic that underscores the real-world impact of these legal ambiguities.

The CROWN Act explicitly includes hair texture and protective styles within anti-discrimination laws, a vital response to centuries of historical oppression.

Federal Efforts and State Progress

While numerous states have successfully enacted the CROWN Act, a federal version has faced challenges. The CROWN Act of 2022 passed in the U.S. House of Representatives but did not pass in the Senate. Despite these setbacks, the movement for federal protection continues, with new versions of the bill being reintroduced.

The ongoing efforts at both state and federal levels signify a growing understanding of hair discrimination as a civil rights issue, deeply intertwined with racial identity and heritage. The mosaic of state laws, while not a unified federal protection, builds momentum and sets a precedent for nationwide change. This patchwork of protections highlights the ongoing struggle and the varied pace of legal progress across the nation, yet each state’s adoption represents a victory for the preservation of textured hair heritage.

1. California (2019) ❉ The first state to pass the CROWN Act, extending protection under its Fair Employment and Housing Act and Education Code.
2. New York (2019) ❉ Quickly followed California, recognizing Black hairstyles as protected racial characteristics.
3. New Jersey (2019) ❉ Enacted its own version, establishing penalties for violations.
4. Texas (2023) ❉ Passed the CROWN Act, though a recent case involving a student suspended for his locs illustrates ongoing challenges in interpretation and enforcement.

Impact on Education and Employment

The impact of hair discrimination extends significantly into both educational and employment spheres. Policies prohibiting natural hairstyles have led to Black children being removed from classrooms and Black adults losing job opportunities or offers being rescinded. These policies often advance Eurocentric cultural norms as the default, forcing individuals to conform or face consequences. The CROWN Act aims to dismantle these barriers, ensuring that individuals are not penalized for wearing hairstyles that are inherent to their racial and cultural identity.

By explicitly protecting styles like Afros, Braids, and Locs, the law helps to create environments where individuals can exist authentically without fear of reprisal. This legal shift supports the broader movement for racial equity, recognizing that the freedom to express one’s heritage through hair is a fundamental aspect of dignity and belonging.

• School Discipline ❉ Research indicates that 66 percent of Black girls in majority-white schools report experiencing hair discrimination, often resulting in disciplinary actions or missed instructional time.
• Workplace Barriers ❉ A significant percentage of Black women report feeling the need to alter their hairstyles to align with conservative standards to fit into professional settings.
• Economic Implications ❉ The pressure to conform to Eurocentric beauty standards often requires Black individuals to invest substantial time and money in hair alteration products and services.

The Broader Cultural and Social Resonance

Beyond the legal statutes, the movement to protect natural textured hairstyles resonates deeply within cultural and social landscapes. Hair has long been a symbol of identity, resistance, and celebration within Black communities. The rise of the natural hair movement, fueled by a desire to reclaim and celebrate ancestral beauty standards, has been a powerful force in challenging discriminatory norms. The CROWN Act, therefore, is not merely a legal instrument; it is a legislative affirmation of a cultural awakening, a societal acknowledgment of the beauty and validity of textured hair in all its forms.

It signifies a collective step towards a world where heritage is not just tolerated, but truly respected and celebrated in every sphere of life. This legal recognition supports the ongoing work of decolonizing beauty standards and affirming the inherent worth of Black and mixed-race identities.

Reflection

As we conclude this exploration, the journey of textured hair reveals itself as a living, breathing archive, etched with the resilience of generations and illuminated by the evolving light of modern protections. The laws now in place, particularly the CROWN Act, stand as a testament to the enduring power of heritage, a collective voice rising to safeguard the very strands that connect us to our ancestral past. This is not simply about legal mandates; it is about affirming the soul of a strand, recognizing that each curl, coil, and wave carries stories of identity, resistance, and profound beauty.

The path ahead invites continued vigilance, for the spirit of discrimination, though legally challenged, can linger. Yet, with each protective statute, each shared story, and each celebrated natural style, we strengthen the foundation of respect, weaving a future where every textured crown is honored, unbound and resplendent, a true reflection of its luminous heritage.

References

• Byrd, A. D. & Tharps, L. D. (2001). Hair Story ❉ Untangling the Roots of Black Hair in America. St. Martin’s Press.
• Dillman, C. M. (1988). The Louisiana Tignon ❉ The Symbol of Oppression and Resistance for Free Women of Color. The Journal of Negro History, 73(1/4), 1-8.
• Gordon, M. (2001). Hair and Race ❉ A Sociological Analysis of African American Hair. Temple University Press.
• Jacobs-Huey, L. (2006). From the Kitchen to the Salon ❉ Language and Cultural Co-Construction in the African American Women’s Hair-Care Industry. Oxford University Press.
• Patton, M. F. (2006). Hair Story ❉ Untangling the Roots of Black Hair in America. St. Martin’s Press.
• Rooks, N. M. (1996). Hair Raising ❉ Beauty, Culture, and African American Women. Rutgers University Press.
• Tate, S. (2007). Black Beauty ❉ African American Women and the Politics of Race and Identity. Routledge.
• Thompson, C. (2009). Black Women and Identity ❉ What’s Hair Got to Do With It?. University of Michigan.