A group is suing to overturn a part of an Arkansas education law, claiming it violates the U.S. Constitution.
The Laux Law Group, a civil rights law firm in Little Rock, wants to repeal a part of the education law known as Arkansas LEARNS, passed by the legislature last year. Section 16 of the law bans so-called “indoctrination” and “critical race theory.”
The law says critical race theory “encourages students to discriminate against someone based on the individual's color, creed, race, ethnicity, sex, age, marital status, familial status.”
The law says it does not aim to prevent students from learning about history but does want them to be kept from learning that people of one race are “inherently superior or inferior” to people of another race.
Last year, the law caused the AP class “African American Studies” to be dropped by the Arkansas Department of Education. The class is currently offered as an elective at Little Rock Central High School, but can no longer be taken for AP credit.
Ruthie Walls teaches the class. She joined the lawsuit, saying she wants to give her students as much information as possible.
“Our children deserve the very best we have to offer,” she said, adding she didn't want any of her students to “go away for college and sit in a history class and say, ‘I never knew that.’”
Plaintiff Jennifer Reynolds's daughter took the class this year. She said she was impressed with what her daughter was learning.
“I've quizzed her for exams as she was preparing for final exams,” she said. “I am just tickled by the information that she's learning. It certainly was not information I was privy to when I was a high schooler or even a college student.”
Her ninth-grade daughter Sadie, also a plaintiff, said the class allowed her to learn the alternate side of history, which she called her favorite subject.
“Our history is written from the European perspective and I don't think its right to cover up someone else's perspective.”
Mike Laux, who is bringing the suit, says the law is vague and doesn't do a good job defining critical race theory.
“What it does is it sets people up for the arbitrary prosecution of this statute,” he said. Laux believes people in the education system may experience a “chilling effect” where they could be prosecuted for speech not clearly defined as illegal.
The suit also argues that the ban violates the rights of equal protection, free speech and the right to access information. The firm is asking the courts to enjoin the law from being enforced and for punitive damages. The suit was filed in court Monday.
Alexa Henning, a spokeswoman for Gov. Sarah Huckabee Sanders, responded to the suit.
"In the State of Arkansas, we will not indoctrinate our kids and teach them to hate America or each other. It’s sad the radical left continues to lie and play political games with our kids’ futures."
