The bill will create significant implications for educational institutions that receive federal funding. By codifying specific definitions of permissible and impermissible pedagogical teachings, the bill restricts educators from discussing topics related to systemic inequalities related to race and sex. Supporters of the bill argue that it is necessary to protect students from what they see as divisive or harmful ideologies, promoting a more unified national narrative. However, opponents warn that this could undermine the teaching of history and social issues, potentially hindering the ability to address ongoing inequities in society.
Summary
House Bill 5328, titled the 'Defending Students’ Civil Rights Act of 2023,' seeks to amend the Civil Rights Act of 1964. The central aim of the bill is to prohibit the use of certain pedagogical approaches in any program or activity that receives federal financial assistance. This includes teachings that suggest the United States is inherently rooted in white supremacy or that promote the idea that one race or sex is superior to another. If enacted, this bill would fundamentally alter the legal landscape surrounding educational content and federal funding.
Contention
Discussions surrounding HB5328 reveal a stark division between its proponents and opponents. Proponents, primarily from conservative circles, advocate that the bill restores integrity to educational content and shields students from concepts they argue are inflammatory. Conversely, opponents, including advocacy groups and progressive lawmakers, criticize the bill as an attempt to censor important discussions about race and gender issues that are essential for fostering understanding and equity in education. They see it as a way to stifle academic freedom and engage in political censorship within educational contexts.
Equality Act This bill prohibits discrimination based on sex, sexual orientation, or gender identity with respect to businesses, employment, housing, federally funded programs, and other settings. Specifically, the bill expands Title II and Title VI of the Civil Rights Act of 1964 to prohibit public accommodations and federally funded programs, respectively, from discriminating based on sex, sexual orientation, or gender identity. It also includes stores, transit services, recreational facilities, and establishments that provide health care, accounting, or legal services as public accommodations under Title II. The bill also expands Title IV (desegregation of public schools) and Title VII (employment discrimination) to specifically include sexual orientation and gender identity. (The Supreme Court held in Bostock v. Clayton County that Title VII's prohibition of employment discrimination based on sex also prohibits employment discrimination based on sexual orientation or gender identity.) The bill similarly expands the Fair Housing Act (discrimination in public and private housing) to include sexual orientation and gender identity. It also prohibits discrimination based on sexual orientation or gender identity by creditors and with respect to jury selection. The bill defines sex for purposes of the aforementioned provisions to include sex stereotypes, pregnancy, childbirth, sexual orientation, gender identity, and sex characteristics.