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Legal and policy challenges over educators’ violations of divisive concepts laws over racial and gender identity have grown significantly over the past two years. Taking a critical theory approach, this study examines the intersection of race/gender as central minoritized groups, society, and law to tackle the assumptions, polices, and practices in forwarded by majority or mainstream interpretations of American law as applied to equity and justice in the law. Findings of this study highlight several key legal approaches to applied or argued to these challenges including public employee speech laws, religious freedom laws, book banning analyses, Title IX of the Educational Amendments, Title VI of the Civil Rights Act, Equal Protection Clause of the Fourteenth Amendment, and state laws.