12 Dec Which Court Decision Declared That Segregation Was Legal
The segregation of white and black children in a state`s public schools solely on the basis of race, under state laws that permit or require such segregation, deprives black children of the same protections as the laws guaranteed by the Fourteenth Amendment — even though the physical facilities and other “tangible” factors of white and black schools may be equal. The now-famous puppet experiments of psychologists Kenneth and Mamie Clark also played a central role in LDF`s success in Brown v. Board. Experiments have shown the effects of segregation on black children. By introducing three- to seven-year-olds to four identical dolls except for color, Clark found that black children were led to believe that black dolls were inferior to white dolls and inferior to their white peers. The Supreme Court cited Clark`s 1950 article in its Brown decision and implicitly recognized it in the following passage: “Separating [African American children] from other similar ages and qualifications solely because of their race creates a sense of inferiority with respect to their status in the community that can affect their hearts and minds in ways that are unlikely to ever be undone. On May 17, 1954, Warren read the final decision: The Supreme Court unanimously ruled that racial segregation must be abolished. At its next meeting, it would consider how this would be done. In addressing this problem, we cannot go back to 1868, when the amendment was passed, or even to 1896, when Plessy v. Ferguson was written. We must view public education in light of its full development and its current place in American life across the country.
Only in this way can it be determined whether segregation in public schools deprives these plaintiffs of the same protection of the law. We conclude that in the field of public education, the doctrine of “separate but equal” has no place. Segregated educational institutions are inherently unequal. Accordingly, we believe that the plaintiffs and others in a similar situation against whom the complaints have been filed are deprived of the same protection of the laws guaranteed by the Fourteenth Amendment because of the alleged segregation. This provision eliminates any discussion of whether such segregation also violates the due process clause of the Fourteenth Amendment. In a Pennsylvania law requiring separate cars for different races, the Pennsylvania Supreme Court said, “To affirm separation does not mean to declare inferiority. It is easy to say that human authority, according to the order of Divine Providence, should not force these very separate races to mix.   (c) If a State is committed to providing educational opportunities in its public schools, this opportunity is a right that must be accorded to all on equal terms. The case went to the U.S. District Court in Kansas, which agreed that segregation in public schools had a “negative effect on children of color” and contributed to “a sense of inferiority,” but still maintained the doctrine as “separate but equal.” Braun v. Board of Education (1954) was a landmark U.S.
Supreme Court decision that struck down the doctrine of “separate but equal” and prohibited persistent segregation in schools. The court ruled that laws requiring and enforcing racial segregation in public schools are unconstitutional, even though segregated schools are “separate but equal” in standards. The Supreme Court`s decision was unanimous, concluding that “segregated educational institutions are inherently unequal” and therefore violate the Equality Protection Clause of the Fourteenth Amendment to the United States Constitution. However, as the judgment did not enumerate or specify any particular method or procedure for ending racial segregation in schools, the Court`s decision in Brown II (1955) called on States to abolish racial segregation “with due urgency”. Unfortunately, following the Plessy decision in the early twentieth century, the Supreme Court continued to uphold the legality of Jim Crow laws and other forms of racial discrimination. For example, in Cumming v. Richmond, Ga. County Board of Education (1899), the court refused to issue an injunction preventing a school board from spending taxpayer money on a white high school when the same school board voted to close a black high school for financial reasons. Furthermore, in Gong Lum v. Rice (1927), the court upheld a school`s decision to exclude a person of Chinese descent from a “white” school. In the 1940s, pioneering psychologists Dr. Kenneth and Mamie Clark underwent a series of experiments known as “doll tests” to study the psychological effects of segregation on black children.
In each of these cases, Black minors, through their legal representatives, seek court assistance in gaining admission to public schools in their community on a non-segregationist basis. In each case, they were denied access to schools attended by white children under laws requiring or permitting racial segregation. This segregation is intended to deprive plaintiffs of the same protections as those afforded by the Fourteenth Amendment. In each of the cases other than Delaware, a three-judge federal district court denied the plaintiffs the so-called “separate but equal” doctrine adopted by that court in Plessy v. Ferguson, 163 U.S. 537. According to this doctrine, equal treatment is granted when the same facilities are essentially made available to races, even if those facilities are separate. In Delaware, the Delaware Supreme Court upheld this doctrine, but ordered that plaintiffs be admitted to white schools because of their superiority over black schools. With great political skill and determination, the new chief justice succeeded in obtaining a unanimous decision against school segregation the following year.
Initially, the judges were divided on how to decide school segregation, with Chief Justice Fred M. Vinson arguing that the Plessy decision should stand. But in September 1953, before Brown v. The school board had to be heard, Vinson died, and President Dwight D. Eisenhower replaced him with Earl Warren, then governor of California. The Guide to Law Online, produced by the Public Services Division of the Congressional Law Library, is an annotated guide to online sources of information on government and the law. It provides a compilation of websites for the U.S. court system, including links to the Supreme Court and other federal courts.
Seven judges formed the majority of the court and agreed with Justice Henry Billings Brown`s opinion.