What modern legislation acknowledges textured hair heritage?

Roots

In the quiet spaces of self-reflection, perhaps while tenderly detangling a curl, or patiently separating a coil, one might consider the journey of textured hair. It is a journey not just of follicles and strands, but of centuries, interwoven with the very fabric of identity and collective memory. For Black and mixed-race individuals, hair is a direct conduit to ancestry, a visible testament to resilience and cultural continuity.

This understanding, born from deep historical currents, is now, in the present moment, finding its way into legal frameworks. Modern legislation, particularly measures like the CROWN Act, is a testament to this enduring heritage, acknowledging the innate connection between hair and identity.

The spirit of Roothea sees hair not merely as a biological attribute, but as a living archive, each curl and coil holding stories passed down through generations. These stories are of practices, of adornments, and of the profound cultural significance hair has held across African civilizations and throughout the diaspora. When discussing contemporary laws that address textured hair heritage, we connect directly to this ancestral wisdom, recognizing that the journey towards legal protection is a continuation of a much older struggle for self-definition and cultural affirmation.

Modern legislation acts as a protective shield for textured hair, affirming its place as a cornerstone of identity and heritage.

This quest for legal acknowledgment is a response to a history where hair, particularly Black hair, became a site of oppression and discrimination. From the insidious Tignon Laws of 18th-century Louisiana, which compelled free women of color to cover their hair as a visible marker of their supposed lower status, to more recent instances of workplace and school policies deeming natural styles “unprofessional,” the policing of Black hair has been a tool of racial subjugation. The movement for legislative protection, then, does not merely seek to ban discrimination; it seeks to reclaim a space of dignity and honor for textured hair, allowing individuals to carry their heritage openly and without penalty. It is about recognizing that hair is not a superficial aspect, but a profound expression of who one is, intimately tied to racial and cultural belonging.

Ritual

The acknowledgment of textured hair heritage in modern legislation finds its strength in the deep roots of ancestral practices. Long before formal statutes, communities preserved hair care as a sacred ritual, a communal gathering, and a form of intricate communication. These practices, passed from elder to youth, formed a vital part of cultural identity, expressing status, age, marital state, and even tribal lineage. Understanding this historical backdrop allows us to appreciate how current laws seek to protect not just a hairstyle, but a living legacy.

What is the CROWN Act and Its Historical Roots?

The CROWN Act, an acronym for Creating a Respectful and Open World for Natural Hair, represents a modern legislative effort to combat race-based hair discrimination. Its origins can be traced to a persistent pattern of bias against Black and brown individuals who choose to wear their hair in its natural state or in protective styles. While the Civil Rights Act of 1964 prohibited discrimination based on race, it did not explicitly address discrimination rooted in phenotypical markers like hair texture.

This omission created a legal gap that allowed employers and educational institutions to implement policies that, while seemingly neutral, disproportionately harmed Black individuals. The CROWN Act aims to close this loophole, making it unequivocally clear that hair discrimination is indeed a form of racial discrimination.

Historically, the courts have grappled with the definition of racial discrimination concerning hair. In the 1976 case of Jenkins V. Blue Cross Mutual Hospital Insurance, the court determined that afros were protected by Title VII of the Civil Rights Act of 1964. However, later cases, such as the 1981 Rogers v.

American Airlines, saw the court side with the airline, arguing that cornrows were not an immutable racial characteristic, therefore not protected. These varying judicial interpretations underscored the urgent need for clearer, more specific legislation. The CROWN Act directly addresses this ambiguity, explicitly listing styles like afros, locs, braids, cornrows, twists, and Bantu knots as protected hairstyles.

The push for such legislation is not simply a legal formality; it is a direct response to lived experiences. A 2020 study by Michigan State University and Duke University revealed that Black women with natural hairstyles are less likely to receive job interviews compared to white women or Black women with straightened hair. Another Dove study from 2019 found that Black women are 1.5 times more likely to be sent home from the workplace because of their hair.

Such statistics illuminate the pervasive nature of this bias and the very real economic and social consequences it holds for individuals. The CROWN Act stands as a direct challenge to these discriminatory practices, seeking to dismantle barriers that prevent individuals from freely expressing their heritage in professional and academic settings.

How do Traditional Hair Care Practices Shape Modern Legislative Understanding?

Traditional African hair care practices were rarely about mere aesthetics; they were deeply imbued with social, spiritual, and familial significance. Learning braiding was often a rite of passage for young girls, signifying their entry into womanhood, and communal braiding sessions served as important social activities, strengthening familial connections and passing down oral histories. These rituals highlight a profound respect for hair as a vital part of self and community. When modern legislation acknowledges textured hair heritage, it implicitly recognizes this enduring reverence.

The legislative efforts honor a legacy of self-care and communal bonding through hair. For instance, the use of protective styles like cornrows dates back thousands of years in Africa, not only as symbols of identity but also as practical ways to manage and protect hair in diverse climates. During the transatlantic slave trade, enslaved Africans utilized cornrows to create secret messages and maps for escape, literally weaving their survival into their hair.

This act of resilience speaks volumes about the deep-seated importance of these styles. Modern laws that protect these very styles acknowledge this profound historical context.

The focus on protecting natural hair extends to a wider understanding of holistic well-being. Historically, natural ingredients such as various butters, herbs, and powders were used to maintain hair health and moisture. The forced alteration of textured hair to conform to Eurocentric standards, a practice stemming from slavery, often involved harsh chemicals and heat, leading to physical damage and health concerns.

The CROWN Act, by safeguarding the right to wear natural styles, indirectly supports healthier hair practices and reduces the pressure to inflict harm upon one’s hair for societal acceptance. It aligns with a wellness philosophy that values the natural state of the hair, allowing individuals to return to practices that resonate with ancestral wisdom.

Legislation like the CROWN Act extends protection beyond mere appearance, recognizing the deeper cultural and personal connections individuals hold with their hair.

The scope of modern hair discrimination laws includes specific protective hairstyles, such as:

• Afros ❉ A rounded style that allows hair to grow outwards from the head, symbolizing Black pride and resistance, especially significant during the Civil Rights era.
• Locs ❉ Intertwined strands of hair that form rope-like sections, carrying spiritual and cultural significance across various African and diasporic communities.
• Braids ❉ A vast category including cornrows, box braids, and other plaited styles, with roots dating back to ancient African civilizations where they conveyed social status and tribal affiliation.
• Twists ❉ A styling technique where two sections of hair are wrapped around each other, a method also rooted in traditional African hair care.
• Bantu Knots ❉ A protective style where hair is coiled into tight knots on the scalp, drawing its name from the Bantu-speaking peoples of Africa.

These legal protections move beyond simple aesthetics. They recognize that these hairstyles are not merely choices, but often expressions of identity, heritage, and connection to a long line of ancestral practices. In doing so, modern legislation contributes to a collective healing, allowing individuals to wear their crowns with pride, unapologetically embodying their heritage in every strand.

Relay

The legislative measures acknowledging textured hair heritage serve as a contemporary relay of ancient understandings, bridging distant pasts with pressing present realities. This relay of recognition moves beyond surface-level concerns, delving into the profound sociological and psychological impacts of hair discrimination, and reinforcing the idea that hair is indeed a deeply personal, often political, extension of identity. The journey from unwritten ancestral codes to codified laws reflects a deepening societal comprehension of cultural significance.

Why is Hair Discrimination Considered Racial Discrimination?

Hair discrimination stands as a unique form of racial discrimination because hair texture and styles are inextricably linked to racial identity, particularly for Black individuals. Policies prohibiting natural hair textures and protective styles, though sometimes framed as neutral grooming standards, disproportionately affect Black children and adults. This bias is rooted in a historical context where Eurocentric beauty standards were imposed as the norm, and anything deviating from those standards, such as Afro-textured hair, was deemed unprofessional or unkempt. The CROWN Act, by defining race to include hair texture and protective hairstyles, aims to rectify this historical inequity.

Consider the profound impact highlighted by various studies. A 2023 research study found that Black Women’s Hair is 2.5 Times More Likely to Be Perceived as “unprofessional” by all interviewers. This perception leads to tangible disadvantages ❉ approximately two-thirds of Black women change their hair for job interviews, with 41% altering their hair from curly to straight.

Furthermore, more than 20% of Black women between the ages of 25-34 have been sent home from work because of their hair, and a quarter believe they have been denied job opportunities due to their hairstyles. These statistics underscore the real-world consequences of this bias, affecting employment, educational opportunities, and overall well-being.

The societal pressure to conform often pushes individuals to use chemical straighteners or heat, which can lead to significant health risks and financial burdens. Recent studies have linked chemical hair straightening products to increased risks of certain health conditions, including uterine cancer (Chang et al. 2023).

Such pressures reveal the deeper systemic racism embedded in these policies, which force individuals to compromise their health and authenticity to navigate social and professional spaces. The legislative response acknowledges that demanding conformity to a narrow aesthetic standard is not merely an appearance issue, but a civil rights concern.

The legislative recognition of textured hair heritage is a modern reaffirmation of ancestral ties and cultural pride.

The fight for hair freedom also connects to the larger struggle for bodily autonomy and self-expression. In many African cultures, hair was a revered part of the body, often considered a conduit to the divine and a reflection of spiritual power. The involuntary shaving of heads during the transatlantic slave trade was a deliberate act of dehumanization, a stark attempt to sever the connection between enslaved Africans and their heritage. Thus, the act of wearing natural hair today is not just a personal style choice; it is a powerful continuation of resistance and a declaration of self-possession that echoes centuries of ancestral struggle.

What are the Global and Regional Legal Responses to Hair Discrimination?

The legislative movement for hair protection is gaining momentum beyond state lines. California was the first state to pass the CROWN Act in 2019, followed swiftly by New York City. As of June 2023, twenty-three states have enacted similar legislation.

This regional cascade signifies a growing recognition that hair discrimination is a civil rights issue that warrants legal intervention. While a federal CROWN Act has passed the House of Representatives multiple times, it awaits consideration in the Senate, underscoring the ongoing national discourse.

These laws typically amend existing anti-discrimination statutes to include hair texture and protective hairstyles in the definition of race. They aim to safeguard individuals in various settings, including:

1. Employment ❉ Prohibiting discrimination in hiring, promotions, and workplace policies.
2. Education ❉ Ensuring students are not disciplined or denied opportunities due to their hair.
3. Public Accommodations ❉ Extending protections to public spaces and services.

Some states are also broadening the scope of their laws. For instance, in May 2024, the Illinois Legislature passed a bill extending hairstyle protections to childcare, juvenile detention facilities, and foster/adopted families, a pioneering step in its breadth. This wider application reflects a recognition that hair discrimination can manifest in many different facets of life, requiring a comprehensive legislative response.

Beyond the United States, similar conversations are taking place. While Canada, for example, lacks explicit statutory protection against race-based hair discrimination, instances of such bias are reported, prompting discussions about the need for similar legislative frameworks. The global dialogue on textured hair rights highlights a collective awakening to the profound cultural significance of hair and the historical injustices tied to its policing. The relay of this understanding, from personal experience to public policy, continues, with each new law a testament to the enduring power of heritage.

Reflection

The journey of textured hair, from its ancient ceremonial roles to its modern legislative protections, is a testament to an unbroken lineage. It reminds us that what grows from our scalp is more than mere keratin; it is a living chronicle, a vessel of stories, wisdom, and the enduring spirit of communities. The legislative acknowledgment of textured hair heritage is a significant step, a societal whisper that echoes ancestral affirmations.

It is a moment when policy aligns with poetry, where the legal framework begins to truly perceive the soul within each strand. This is a call to continue listening to the wisdom held within every curl and coil, ensuring that the legacy of textured hair remains vibrant, celebrated, and free.