Texas CROWN Act Fight Heads to Jury Trial

By Darius Spearman (africanelements)

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The ongoing legal fight over hair discrimination in Texas schools has reached a critical juncture. A lawsuit filed by two Black students against the Barbers Hill Independent School District is now heading to a jury trial, following a key appeals court decision. This case, which helped spark the passage of the Texas CROWN Act, highlights a struggle rooted in centuries of regulating Black hair in both educational and professional spaces. While the new law aims to block hair bias, this court battle shows that the fight for equitable grooming policies is far from over. Consequently, the headline-grabbing events in Texas are not isolated incidents but are chapters in a long story of identity, resistance, and the quest for justice.

The Historical Roots of Hair Discrimination

Discrimination based on hair texture and style is a form of social injustice with a history that predates the founding of the United States. The control over Black hair was an early and effective tool of dehumanization. For instance, in the late 18th century, Louisiana enacted “tignon laws” that forced free and enslaved Black women to cover their hair. These laws were designed to signify their perceived inferiority and prevent them from attracting the attention of white men (wikipedia.org). Furthermore, enslavers often cut the hair of enslaved Africans, a violent act intended to strip them of their cultural identity.

After the Civil War, the pressure to conform did not disappear. Black Americans continued to face immense stigma for not adopting grooming habits that aligned with white, Eurocentric beauty standards (pbs.org). Many felt compelled to straighten their hair with methods like the hot comb, which was popularized by entrepreneurs like Madam C.J. Walker. This pressure was part of a broader societal expectation for assimilation. The end of slavery did not mean the end of oppression, as many economic systems continued to rely on forced labor mechanisms that kept Black communities in a state of servitude.

Resistance and the Rise of Natural Hair

The 1960s and 1970s brought a powerful shift with the Black Pride Movement. During this era, natural hairstyles like the afro were reclaimed as powerful symbols of resistance and cultural identity (stanford.edu). This movement was a direct challenge to the Eurocentric beauty standards that had long dominated American society. Moreover, it was a profound expression of cultural nationalism, asserting that Blackness was beautiful and worthy of celebration on its own terms.

Despite this cultural shift, legal protections remained weak. The Civil Rights Act of 1964 prohibited employment discrimination based on race, but its application to hair was inconsistent. Courts frequently ruled that hairstyles were “mutable,” or changeable, characteristics and therefore not protected like “immutable” traits such as skin color (naacpldf.org). The legal logic was that because a person could change their hairstyle, discrimination based on it was a matter of choice, not race. This created a loophole that allowed schools and workplaces to penalize Black hairstyles by labeling them “unprofessional,” “distracting,” or “faddish.”

Understanding the CROWN Act

In response to these legal loopholes, a legislative movement emerged to provide explicit protections against hair discrimination. The CROWN Act, which stands for “Creating a Respectful and Open World for Natural Hair,” is a law designed to prevent discrimination based on hair texture and protective hairstyles (thecrownact.com). This includes styles such as braids, locs, twists, and knots. The act aims to ensure that racial discrimination against people for their natural hair is outlawed in workplaces and public schools.

The term “locs” is often a preferred, more contemporary name for what have also been called “dreadlocks.” These are rope-like strands of hair formed by matting or braiding (youtube.com). Beyond being a protective hairstyle that shields natural hair from damage, locs hold deep cultural and spiritual meaning within Black communities, often symbolizing heritage, identity, and personal journeys. Currently, the CROWN Act is primarily a state-by-state initiative. While a federal version has been introduced in the U.S. Congress, it has not yet passed into law, creating a patchwork of legal protections across the country (govdocs.com).

The Texas CROWN Act Fight Ignites

The current legal drama in Texas was ignited in 2020 at Barbers Hill High School. Two Black students, De’Andre Arnold and his cousin Kaden Bradford, were disciplined for wearing locs that violated the district’s dress code (texastribune.org). The policy for male students prohibited hair from extending below the eyebrows, earlobes, or the top of a T-shirt collar, even if it was tied up. The district’s actions meant Arnold could not attend his graduation, and Bradford faced suspension. The school is part of an Independent School District (ISD), a public school system that operates as an entity separate from city or county government, with its own elected board and decision-making authority.

Their families filed a federal lawsuit, arguing the policy was discriminatory. A judge subsequently issued a preliminary injunction, which is a temporary court order meant to stop an action until a final decision is made in a lawsuit (texastribune.org). This order blocked the district from enforcing the policy against Arnold and Bradford, but it did not apply to other students. Nevertheless, their high-profile case galvanized public support and “ignited Texas politicians to introduce the CROWN Act.”

Legal Battles and Loopholes in Texas

Spurred by these events, Texas passed its CROWN Act, which became effective on September 1, 2023. The law explicitly prohibits discrimination based on “hair texture or protective hairstyles associated with race” (texastribune.org). However, Barbers Hill ISD continued to enforce its hair length policy. The district suspended another Black student, Darryl George, for his locs, arguing the CROWN Act did not apply to hair length. His family filed a lawsuit, but in February 2024, a state judge ruled in favor of the district, stating the law did not explicitly mention length (texastribune.org).

This outcome appears to contradict the progress of the original lawsuit filed by Arnold and Bradford. The difference lies in the legal tracks. George’s case was a narrow interpretation of the new state law by a state judge. In contrast, the Arnold and Bradford case is a federal lawsuit arguing that the policy violates broader civil rights protections. Their case was reviewed by the Fifth Circuit Court of Appeals, a federal court that reviews decisions from lower courts in Texas, Louisiana, and Mississippi. This court’s decision to allow the case to proceed to a jury trial signals that federal protections against discrimination may offer a different path to justice.

The Impact of Hair Discrimination Today

Statistical data reveals the pervasive and disproportionate impact of hair discrimination, particularly on Black women. According to studies, Black women are 1.5 times more likely to be sent home from work because of their hair (dove.com). An overwhelming 80% of Black women have reported feeling the need to change their hairstyle to fit in with conservative workplace standards. Furthermore, their hair is 2.5 times more likely to be perceived as unprofessional.

The economic consequences are also significant. Approximately one-quarter of Black women believe they have been denied a job interview because of their hair, a figure that rises to one-third for women under 34 (dove.com). These statistics underscore how grooming policies are not just about appearance but are barriers to economic opportunity. They also show that Black women with coily or textured hair are twice as likely to experience microaggressions in the workplace as Black women with straighter hair, highlighting the deep-seated biases that persist.

Discrimination in the Classroom

The classroom is often where these biases first manifest. Research shows that hair discrimination can start as early as five years old, with 53% of Black mothers reporting that their daughters have experienced racial discrimination based on hairstyles by that age (dove.com). By the age of 12, that number jumps to 86% for Black children in majority-white schools. These early experiences can profoundly impact the success of African American students, affecting their self-esteem and sense of belonging.

The disciplinary consequences are stark. While Black students make up only 15% of the U.S. public school population, they account for 45% of all school suspensions related to hair dress code violations (edweek.org). The data also reveals the positive effect of legal protections. In states without the CROWN Act, 67% of Black students report experiencing hair discrimination. However, that figure drops by 25% in states where the act is in effect, showing that clear legislation can make a tangible difference (dove.com).

The Road Ahead: A Jury Trial and Beyond

The original lawsuit filed by De’Andre Arnold and Kaden Bradford is now actively heading toward a jury trial as of the current date, December 16, 2025. This development follows the Fifth Circuit Court of Appeals decision to dismiss an appeal from the school district, allowing the case to finally be heard by a jury. The trial is a landmark event that will test the strength of civil rights protections against discriminatory grooming policies in a federal court. Its outcome could set a powerful precedent for students across the nation.

This legal pressure is already having a wider impact. More school districts are expected to revise their grooming codes to avoid similar lawsuits (wordinblack.com). An ACLU of Texas report found that nearly half a thousand districts in the state had boys-only hair length rules in 2020. This legislative push, and the lawsuits that fuel it, are part of a larger effort to build black political power and hold institutions accountable. While the CROWN Act represents significant progress, the continued resistance from districts like Barbers Hill shows that the fight for respectful and open environments for natural hair is far from over.

About the Author

Darius Spearman is a professor of Black Studies at San Diego City College, where he has been teaching for over 20 years. He is the founder of African Elements, a media platform dedicated to providing educational resources on the history and culture of the African diaspora. Through his work, Spearman aims to empower and educate by bringing historical context to contemporary issues affecting the Black community.