The Anti-Racism Act sent the House of Delegates off the rails.
The House erupted into anger and accusations on Thursday evening, two days from the end of the regular legislative session, after Delegate Sean Hornbuckle proposed an amendment to the bill that was conceived in reaction to discussion about race around the country. Hornbuckle is one of three Black delegates.
His amendment was ruled not germane by Delegate Gary Howell, the speaker pro tem, who was presiding over the floor session at the time.
From there, delegates exchanged accusations with Republicans standing to claim Democrats weren’t sticking to the point as they challenged the ruling and Democrats outraged that their comments were cut short and their microphones cut off.
Democrats got so upset, they began making procedural requests for bills to be read in their entirety, an action meant to bog down progress. The House called for a recess, with leaders going into a back room for a meeting and finally announcing that all remaining bills eligible to be amended would instead move to the inactive calendar.
This was Day 58 of the 2022 West Virginia legislative session.
The Anti-Racism Act, Senate Bill 498, has already stirred passions on its path through the Legislature. The bill passed out of its final committee about midnight Tuesday after about 90 minutes of intense discussion.
The bill prohibits compelling adherence in school settings to concepts such as one race being inherently morally or intellectually superior to another. Or, that an individual’s moral character is determined by their race. Proponents have said the bill will prevent the indoctrination of “critical race theory.” Critics say its actual effect will be to chill classroom discussions about race.
Hornbuckle, D-Cabell, proposed an amendment to create a Commission on American History Enhancement that would review course materials for any history lesson plans, books and material revisions. The commission would determine whether any appropriate revisions to content and design are appropriate because of a lack of balance and consideration of the role and treatment of historic minorities.
“Many Americans have struggled reconciling the portion of our collective history that was racist and exclusionary with the broader narrative of the great beacon of democracy we as a country have strived to be and have become closer to realize,” according to the findings proposed in the amendment.
“As time passes and our interpretation of our history turns into a longer view, it is appropriate to review how our collective story is told, particularly to our next generation of West Virginians and Americans, and to provide them a fair and accurate recounting that respects all of the citizens of the past and honors but also addresses painful truths about our history.”
Hornbuckle told delegates, “To sum that up, what this amendment will do is, it’s going to speak to what has been expressed as the intent of this legislation. First and foremost, it is going to allow our teachers to teach with clarity, confidence and facts.”
House Education Chairman Joe Ellington, R-Mercer, rose and protested that the amendment was not germane to the bill. He contended the amendment addressed a different section of code from the act.
Howell, who was presiding, concluded “the gentleman’s point is well-taken that the amendment is not germane to the purpose of the bill.”
Howell hadn’t allowed Hornbuckle an opportunity to make a counter-argument. That drew a scrum at the podium.
“I’d like to challenge the ruling of the chair,” Hornbuckle said.
The House majority whip, Paul Espinosa, then took Howell’s place at the podium. Howell went back to his regular seat and briefly explained his reasoning. Establishing a commission, Howell said, “is not in the stated purpose of the bill.”
Hornbuckle rose again and contended his amendment “speaks to the fundamental purpose of the piece of legislation that is before us, speaking to the administering of history in our classrooms and how it is taught.”
Ellington chimed in again. The main bill, he said, “is supposed on be on racism and here it’s creating a commission on American history enhancement, and that’s nowhere near what this bill was talking about.”
Delegate Barbara Fleischauer, D-Monongalia, began speaking about how Hornbuckle’s proposed commission would fit under The Anti-Racism Act. She was in the middle of a point about Carter G. Woodson, a West Virginian who became known as “the father of black history,” when a point of order rang out.
“The question is on the ruling of the chair, not on the bill or some kind of research project,” said Government Organization Chairman Brandon Steele, R-Raleigh. “And I would ask the debate be limited to the question.”
Espinosa agreed and asked for comments to be confined narrowly to parliamentary procedure.
“I was explaining the amendment, which talks about the Carter G. Woodson center that we happen to have in this state, that was founded on trying to end the practice of slavery. We happen to have had one of the most preeminent historians in the country. I think this amendment is totally appropriate. It fits within the fundamental pur…” Fleischauer said until she was cut off again.
“The same point of order, Mr. Speaker,” Steele said. “We are on whether or not this amendment is germane to the amendment and the bill, not on the benefits of the amendment or anything like that.”
“The gentleman’s point is well-taken,” Espinosa said, moving on to more speakers.
Delegate Mike Pushkin, D-Kanawha, rose and contended the amendment is in the same chapter of code that the bill addresses. “It’s entirely germane. It’s a bill about education, it’s a bill about the teaching of history, and this is talking about the teaching of history.”
Seeing that another point of order was coming, Pushkin dropped his microphone and said “go ahead.”
Delegate Caleb Hanna, a Republican who is another of the three Black delegates in the House, raised the objection this time. “We’re talking about the amendment and not whether the ruling of the chair shall be sustained,” said Hanna, R-Nicholas.
Pushkin then asked, “If we’re talking about whether the amendment is germane — and that’s what we’re talking about — then how can I not talk about the amendment?”
“Gentleman may continue,” Espinosa said.
“OK, I’ll continue,” Pushkin said. “This is why we shouldn’t be making these types of decisions about how American history is taught because we’re so uncomfortable with it we can’t even listen to it in the people’s house.” He punctuated it by throwing down his microphone again.
Delegate Chad Lovejoy, D-Cabell, started his point by stating the obvious: “It’s been a long day, my friends, and tempers are running a little short.”
With a parliamentary procedure book in hand, Lovejoy asked whether the subject of the amendment was truly different from what delegates were already considering. “I don’t think it’s fair to say those are a different subject. Certainly they are different approaches,” Lovejoy said.
Howell, also holding a parliamentary procedure book, countered that he was going by Rule 113: “No amendment shall be in order that is not germane to the matter under consideration and the speaker, when the question is raised, shall rule as the admissibility of the proposed amendment.”
He continued, “The gentleman’s amendment was setting up a commission.” Howell said the policy under consideration was, instead, addressing conduct.
The House’s Republican supermajority sustained Howell’s ruling on a 75-21 vote.
The difficult evening wasn’t done. The House considered and voted down a couple more amendments on the Anti-Racism Act. When the next bill came up, SB530, “Encouraging Public-Private Partnerships in Transportation,” Delegate Kayla Young rose to make a motion.
“Thank you, Mr. Speaker,” said Young, D-Kanawha. “Pursuant to Rule 102, I was hoping the next bill could be read.” She started to put down her microphone and picked it back up to elaborate. “In its entirety.”
The bill was read aloud.
Delegates huddled.
A 15-minute recess was called.
The House Rules Committee, a group of delegates from both parties who take votes on what’s on or off the day’s agenda, gathered in the back.
When they came back out, Majority Leader Amy Summers announced that all the remaining bills except for one, Senate Bill 729, would be moved to the inactive calendar.
When that one, “Relating to funding for infrastructure and economic development projects in WV,” came up moments later, Delegate Evan Hansen rose and asked for the whole thing to be read out loud.
Tomorrow is Day 59 of 60 of West Virginia’s regular legislative session.