NAACP sues over S.C. law curbing race, gender discussions in schools

COLUMBIA, S.C. (WCSC) - A federal lawsuit was filed Tuesday against the state of South Carolina, challenging a law that plaintiffs argue suppresses critical teaching on race and gender-related issues in public schools.

The lawsuit, filed by the South Carolina State Conference of the National Association for the Advancement of Colored People and author Dr. Ibram X. Kendi, targets a provision in the 2024-2025 state budget, known as the “Partisanship Curriculum” section.

This provision restricts teaching on systemic racism and gender inequalities, leading to the removal of books and the cancellation of lessons on these topics.

The plaintiffs, which include educators, students, and civil rights advocates, argue that the law violates both the First Amendment and the Equal Protection Clause of the Fourteenth Amendment. Students and educators alike have expressed frustration over the abrupt decision by the South Carolina Department of Education. They claim it limits students’ rights to receive information and stifles open discussions about race in classrooms, disproportionately affecting Black communities in South Carolina.

This legal action highlights the recent removal of Advanced Placement African American Studies courses and comes after several years of increasing tension over what can and cannot be taught in South Carolina schools. Partisanship Curriculum, as it’s now known, passed following the nationwide racial justice protests of 2020 and has led to the banning of certain books in schools, such as Kendi’s book “Stamped: Racism, Antiracism, and You”.

The lawsuit paints the law as part of a broader, racially motivated effort to censor discussions of race and history in classrooms, an issue the plaintiffs say has deep roots in South Carolina’s history of racial inequality.

South Carolina’s Superintendent of Education, Ellen Weaver, is named in the lawsuit, along with two school districts. State Department of Education officials had said the reason for blocking AP African American Studies was because of “significant controversy surrounding the course”.

A spokesperson for the South Carolina Department of Education responded to Live 5′s request for comment regarding the lawsuit, stating:

“African American history is our shared history. South Carolina’s commitment to teach both the tragedies and triumphs of America’s journey remains unchanged, as outlined in our long-standing instructional standards. This meritless lawsuit does not diminish our dedication, nor does it identify any shortcomings or legal defects. The South Carolina Department of Education will continue to seek meaningful opportunities to build bridges across divisions, honor the richness of our shared history, and teach it with integrity, all while ensuring full compliance with state law.”

The plaintiffs are seeking an injunction to stop the law’s enforcement, arguing that it unlawfully limits free speech in schools and a court declaration that the provision violates the U.S. Constitution.