MORGANTOWN – The state Senate on Wednesday approved bills dealing with Critical Race Theory in schools and abortions of unborn children with Down syndrome.
Wednesday was Crossover Day, when all bills had to pass out of their house of origin to remain alive.
SB 498 is called the Anti-Racism Act. It forbids teaching, among other things, that one race, ethnic group, or biological sex is inherently, morally, or intellectually superior to another; an individual, by virtue of race, ethnicity, or biological sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously; an individual’s moral character is determined by the individual’s race, ethnicity, or biological sex; an individual, by virtue of race, ethnicity, or biological sex, bears responsibility for actions committed by other members of the same race, ethnic group, or biological sex.
It has provisions apply to K-12 and to higher education.
Sen. Owens Brown, D-Ohio, opposed the bill and talked about his boyhood when he was denied a spot on a baseball team three years in a row because the team had a racial quota. His parents did not explain that to him, he said, because they didn’t want to use it as a crutch.
“By presenting bills like this you are giving these kids a crutch to fall back on,” he said. West Virginia classroom are 97% white and lack diversity, and he said, “I truly believe this bill is a step backward.” CRT is being used as a political campaign tool, a means to cause division across the country, he added.
Sens. Richard Lindsay, D-Kanawha, and Ron Stollings, D-Boone, also opposed it. Lindsay said, “We need to embrace our history, we need to embrace our past warts and all, that’s what makes us successful,” Stollings said. “The anxiety caused to our teachers by this bill is real.”
Senate Education chair Patricia Rucker, R-Jefferson, crafted the bill and said she did not base it on any data about CRT coming into West Virginia classrooms, but in response to complaints she received via email, on social media and in personal encounters.
“This isn’t about one particular concept or ideology,” she said. Pushing ideas that a certain race has certain traits, or a certain race or certain gender is inherently racist is wrong. “We believe everyone should be judged on their character, based on their decisions.”
Finance chair Eric Tarr, R-Putnam, cited a resolution adopted by the National Education Association declaring its intent to push the types of content addressed in the bill, and support use of CRT to inform the curriculum.
Racism, slavery and other troubling issues can and should be discussed in classrooms, he said. “What I do not believe is any child should come home and be made to feel less because of their race, their sex, their ethnicity.”
Sen. Robert Karnes, R-Randolph, cited data from other states where content addressed in the bill is being incorporated into classrooms. “Maybe it’s here, maybe its not here. But we probably want to preempt it if it’s not here.”
The vote was a mostly party-line 21-12 and it goes to the House. All local senators voted with their party.
Unborn Child with Down Syndrome Act
SB 468 is the Unborn Child with Down Syndrome Act. It forbids performing an abortion on an unborn child with a disability, including Down syndrome, except in the case of medical emergency.
Sen. Mike Romano, D-Harrison, had a dialogue with Health chair Mike Maroney, R-Marshall, about the bill. The exchange focused on the state’s current 20-week abortion law and revealed that the bill would forbid an abortion within the legal 20-week window if it’s based solely on the child having a disability, except one not compatible with life outside the womb.
A provider who violates the provisions of the bill faces loss of medical license.
Romano expressed puzzlement that the bill would require the mother seeking an abortion to lie about the reason. Maroney said, “That’s a problem with the bill, I do believe.” Romano asked, “So as long at the woman keeps her mouth shut, the physician is in the clear?” Maroney answered, “That’s the way I read it.”
Sen. Mike Caputo, D-Marion, read a letter from a constituent who faced the circumstances the bill deals with. The woman said no one can know all the personal circumstances behind a decision, and the decision should be made with the love and support of people she trusts. The decision is best made individually based on circumstances, not by lawmakers.
Rucker said 17 other states have similar laws and it has stood up in federal court. A mother of a special needs child herself, she spoke of women who told her they were pressured to have abortions of children with disabilities. “You can have another child, just get rid of it,” the woman said they were told.
Maroney said the bill isn’t perfect, explaining it says, “We are pro-life and that we think every life is precious.” It protects the most vulnerable, he said. “Disabilities are not a reason to terminate a pregnancy.”
It passed 28-5 with six Democrats voting yes. Locally, all senators voted with their party.
