Gov. Landry’s executive order on critical race theory draws praise, criticism

NEW ORLEANS (WVUE) - Louisiana Gov. Jeff Landry signed an executive order Tuesday (Aug. 27) that prohibits the teaching of what is known as critical race theory in K-12 public schools in the state.

Some law professors say it would be difficult to even attempt to teach that course of study to pre-collegiate students. But in recent years, CRT has been targeted by some Republican governors and Republican-controlled legislatures around the country.

Some Louisiana lawmakers wholeheartedly support Landry’s action, while others sharply criticize it.

“This executive order is a much-needed sigh of relief for parents and students across our state, especially as kids are heading back to school,” Landry said in a statement. “Teaching children that they are currently or destined to be oppressed or to be an oppressor, based on their race and origin, is wrong and has no place in our Louisiana classrooms.”

Rep. Beryl Amedee (R-Gray) said Landry reenforced action taken by the state legislature.

“During the regular session this year, we had passed a bill,” Amedee said. “But I believe the governor has followed up with an executive order because it seems that just because we may put something into law doesn’t necessarily mean that the schools, in this case, would follow it or react immediately.”

While there is debate over whether CRT is being taught in Louisiana schools, Amedee said lawmakers have heard complaints that it is.

“We had heard reports and have seen certain assignments from various schools around the state where there were teachers actually instructing students of different grade levels the basic principles, the basic tenets, of critical race theory, as I understand it,” Amedee said. “Which would be that someone is either destined to be an oppressor or oppressed based on things like their skin color, or their national origin, for example. And that’s really got no place in schools. That’s just, that’s actually racism.”

State Sen. Royce Duplessis (D-New Orleans) says Landry’s executive order was unnecessary because CRT is not being taught in K-12 classrooms.

“The governor first needs to understand what critical race theory is, and understand that it’s not being taught in schools,” Duplessis said. “But (he) also needs to understand that if the attempt is to stop history from being taught, then that is wrong.

“Our kids need to learn history. Our kids need to understand and appreciate the history of this nation, no matter how difficult it might be.”

Former Rep. Ray Garofalo, who pushed for legislation related to critical race theory before leaving the legislature, applauded Landry’s executive order.

“We want an environment where there is, we take politics out of the classroom,” Garofalo said. “It’s our job to give students the tools that they need to succeed in life: Reading, writing, arithmetic. The basics that they need. Not to give them a political indoctrination. And in my humble belief, that’s what the advocates of CRT and DEI (diversity, equity and inclusion) are trying to do.

“When you teach students to judge somebody by the color of their skin or because of some difference that they have from you, that’s toxic to students. And it’s setting them up for failure in life.”

Fox 8 spoke to Tulane Law School professor Stephen Griffin and Loyola Law School professor Robert Garda about the meaning of critical race theory.

“It’s an academic perspective on the role of race in, really, the constitutional law,” Griffin said. “It’s essentially focused on how the Constitution, the role of slavery, how we overcame slavery, but then how problems of racial discrimination have persisted.”

Garda said, ”That’s a big question because critical race theory is a broad study subject matter. At its core, it is about understanding how racism in the United States has shaped law and policy. So it is not about how individuals are racist. It is about how past racism is embedded in many of our policies and laws.”

As debate over critical race theory has risen around the country, many academics have said it is normally not taught before graduate school.

“It is absolutely reserved for graduate studies in law schools,” Garda said. “It is a complicated subject. For example, I teach the 14th Amendment, which is the Equal Protection Clause, which is the foundation for critical race theory. And we barely touch on it, even in my law school class. So, the idea that it’s being taught in K through 12, it couldn’t possibly be. Because it’s far too complex for a K-through-12 education system.”

Griffin said he is no expert on educational curriculum but said, “To my knowledge, it really couldn’t be taught in the K through12, because it requires, for example, an advanced understanding of American history to even understand what the theory is about.”

Garda said he fears Landry’s executive order will have a paralyzing effect on educators in the state.

“The law concerns me, because of the chilling effect it may have on teachers and how they teach,” he said. “The five prohibitions here may prevent a teacher from even talking about something as inherent and foundational in our American history as slavery or redlining in the 1930s, because a student may perceive that in a way that it’s not being taught.”

Amedee said, “I believe that someone should not be fearful that the governor’s executive order, or the legislation that we passed, would prohibit someone from teaching proper history. None of these, the law or the executive order, prevent teaching real history.

“It prevents teaching that today someone can just look at you, or know your background, and automatically believe and teach that you’re either going to be an oppressor or you’re going to be oppressed because of your current circumstances.”

Duplessis is among those who say a prohibition against the teaching of CRT is not warranted.

“So, blocking history, banning books, coming up with culture war, divisive ideas around CRT, things that aren’t even being taught is really just an attempt to grab headlines and cause more division,” he said. “It’s absolutely not coincidental. We know this is part of a larger, national agenda to promote these conservative principles which are only meant to divide us.”

Amedee said opposition to the teaching of critical race theory is not partisan.

“I don’t believe that because someone belongs to a particular political party they’re automatically either in favor of this or opposed to it. I believe that this is just common sense,” she said.

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