Ohio, Florida lawmakers need to read a history book

Florida Gov. Ron Desantis gives the appearance he wants to end racial discrimination.

I’m not convinced he’s being genuine. If he is, he sure is going about it the wrong way.

Desantis is riled because the “1619 Project is a CRT (critical race theory) version of history” where they “teach our kids that the American Revolution was fought to protect slavery.” He was touting Florida’s Individual Freedom Law (formerly the Stop W.O.K.E ACT), passed last Spring, which set limits on education in the workplace and schools.

Desantis mistakenly conflates the 1619 Project and critical race theory.

The 1619 Project is a fairly recent effort that traces slavery in our history and explains its legacy today. True, the Project has been criticized for embellishing slavery’s role in the Revolutionary War, but that’s one aspect of an otherwise important work.

Some will criticize the project merely because it exposes what is uncomfortable to hear.

Critical race theory is a theory created by civil rights attorney and law school professor Derrick Bell in the late-70s to explain why Blacks were still at the bottom of the socio-economic ladder after civil rights laws had been passed in the mid-60s.

Bell concluded racism was embedded in America’s social structures.

If you hear that critical race theory promotes hatred of America — Desantis says it does— you’re likely listening to a misleading source.

Desantis believes the American Revolution caused people to question slavery. Declaring we are endowed with inalienable rights and created equal, our founders set the stage for the abolition movement and the repeal of slavery.

What?

Desantis’ words come from the Declaration of Independence, but the framers were unabashed about addressing slavery in the Constitution.

They allowed for three-fifths of the slave population to be counted for determining congressional districts, prohibited the abolition of slavery for 20 years, capped the maximum tax on slaves, and required that slaves who escaped bondage be returned to their owners.

You won’t find the word “slave” in these provisions. Instead, there are phrases like “All other Persons” or the “Importation of such Persons,” creative euphemisms for Africans who were abducted and put into leg irons.

The abolition movement didn’t come to fruition until 1865 when the 13th Amendment was passed. Even so, it was overshadowed by Jim Crow laws and discriminatory business practices.

Desantis would likely find David Azzerad, formerly with the Heritage Foundation, to be a soulmate. Azzerad denies the founders were racists. After all, “the concept of race does not exist in the Constitution,” and people are not classified by race or skin color in the Constitution.

Sure, but how many whites were shackled and forced into life-long labor?

While the mandate of Florida’s Individual Freedom law, seems laudable on the surface — precluding anyone from teaching eight concepts of racial discrimination — the law bans suggesting that white privilege exists or that people should consider another person’s race or sex when interacting with them.

The law also suffers from dreadfully clumsy language.

What does it mean that an employer cannot endorse the view that “members of one race … cannot or should not attempt to treat others without respect to race ….?

Four negatives are three too many for me. Concerned that conducting diversity, equity and inclusion training or teaching about institutional racism would run afoul of the law, two employers brought suit. Would using terms such as “white man’s privilege” or addressing systemic racism be prohibited?

A federal court held the law to be unconstitutional on First Amendment grounds. As the judge pointed out, the way to deal with repugnant ideas “is more speech, not enforced silence.” No surprise, Desantis has appealed.

Ohio’s General Assemble is following Florida’s lead. If passed, House Bill 322 would prohibit Ohio schools from teaching that slavery and racism “are anything other than deviations from … the authentic founding principles of the United States.” House Bill 616 seeks to preclude teaching critical race theory and the 1619 Project.

Apparently, Ohio’s lawmakers, like Florida’s, haven’t read the U.S. Constitution, nor are they staying current on social science.

The approach taken by Desantis and the Florida legislature isn’t surprising.

If your goal is to genuinely deal with the racism, the first step is to dig deep into our history and confront its dark side and listen to those who have written about and experienced racism.

To fix a problem, you have to first get the facts straight.

Sadly, I don’t see Ohio lawmakers doing any better. Jack D’aurora is a partner with the Behal Law Group and produces a podcast, JUSTUS with Jack & Gonzo. He is a frequent Dispatch contributor.