A federal lawsuit filed on January 29, 2025, seeks to overturn South Carolina’s controversial law that restricts the teaching of race and gender issues in public schools. The plaintiffs, including educators, students, and civil rights groups, argue that the law violates constitutional rights by censoring critical discussions about race and historical inequality.
The lawsuit was filed by the South Carolina State Conference of the NAACP, local educators, and prominent figures such as author Dr. Ibram X. Kendi. They assert that the law prevents teachers from discussing essential topics like systemic racism, Black history, and the experiences of marginalized groups.
Dr. Kendi, who is known for his work on racial justice, condemned the law, stating, “The State’s Budget Proviso 1.79 is a disgraceful touchpoint in a longstanding, storied legacy of South Carolina’s attempts to erase Black history and heritage.” His statement reflects the growing concern that such restrictions are part of a broader effort to whitewash history and prevent open discussion on race in the classroom.
The law, Budget Proviso 1.79, was passed in 2023 as part of South Carolina’s state budget. It bans the teaching of concepts that suggest individuals are inherently privileged or responsible for actions committed by others based on their race or gender.
Critics of the law, including the NAACP and civil rights activists, argue that censorship limits students’ ability to engage with critical social issues. Brenda Murphy, President of the South Carolina State Conference of the NAACP, emphasized, “This censorship measure poses a significant, chilling threat to comprehensive education for all students at a time where the teaching of cultural understanding and inclusivity in our classrooms is needed more than ever.”
The lawsuit argues that the law restricts academic freedom and infringes on the First Amendment rights of teachers and students. The plaintiffs are asking the court to declare the law unconstitutional and prevent it from being enforced in South Carolina’s public schools.
Educators have already reported that the law has led to the removal of books and courses that explore racial and gender issues. Some classes, such as Advanced Placement African American Studies, have been canceled or severely modified to comply with the new restrictions.
South Carolina’s education laws have been central to national debates on race and gender education. In 2023, the state legislature passed a law limiting how race is taught in schools, particularly concerning privilege and systemic inequalities.
Senate Majority Leader Shane Massey, who supported the 2023 law, argued that it was necessary to prevent teaching controversial concepts in classrooms. He stated, “H.3728 keeps the subjective opinions of those who want to rewrite American History from creeping into South Carolina’s schools.”
However, opponents of these measures argue that the law stifles essential discussions about the nation’s history and current social issues. Democratic Senator Dick Harpootlian expressed concern that such restrictions would lead to a sanitized version of history that ignores the reality of racial injustice and systemic discrimination.
The outcome of this lawsuit could have significant implications for educational policies in South Carolina and other states considering similar laws. If successful, it could set a precedent for challenging laws that restrict teaching race, gender, and other sensitive topics in public schools.
The case will likely draw widespread attention from educators, policymakers, and civil rights advocates. As it moves through the courts, the lawsuit could shape the future of education on race and gender across the country.
