Federal Lawsuit Challenges South Carolina Law on Race and Gender Education

Columbia, S.C. – A federal lawsuit was filed earlier this week against the state of South Carolina, alleging that a state law restricts critical discussions on race and gender in public schools and violates constitutional rights.

The lawsuit, brought by the South Carolina State Conference of the NAACP and author Dr. Ibram X. Kendi, challenges a provision in the 2024-2025 state budget known as the “Partisanship Curriculum” section. This provision has led to the removal of Advanced Placement (AP) African American Studies courses and the banning of certain books, including Kendi’s “Stamped: Racism, Antiracism, and You.”

The plaintiffs argue that the law is part of a broader effort to censor discussions of race and history, particularly following the nationwide racial justice protests of 2020. They contend that the restrictions disproportionately impact Black students and communities while violating both the First Amendment and the Equal Protection Clause of the Fourteenth Amendment.

Named in the lawsuit are South Carolina Superintendent of Education Ellen Weaver and two school districts. The South Carolina Department of Education has defended its stance, stating that the removal of AP African American Studies was due to “significant controversy surrounding the course.”

The lawsuit seeks an injunction to block the law’s enforcement and a court ruling declaring the provision unconstitutional. Educators, students, and civil rights advocates have criticized the restrictions, arguing that they limit academic freedom, restrict access to historical knowledge, and stifle classroom discussions on racial and gender inequalities.

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