The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
But we are of the opinion that our decision can also be sustained
upon another ground, and one which will be equally satisfactory
as affording a practical solution of the questions involved. It
is believed that this provision will be given its full scope and
effect when it is so construed as to secure to all citizens,
wherever domiciled, equal protection under the laws and the
enjoyment of those privileges which belong, as of right, to each
individual citizen. This right, as affected by the questions in
this case in its fullest sense, is the privilege of obtaining an
education under the same advantages and with equal facilities for
its acquisition with those enjoyed by any other individual. It is
not believed that these provisions were intended to regulate or
interfere with the social standing or privileges of the citizen, or
to have any other effect than to give to all, without respect to
color, age or sex, the same legal rights and the uniform protection
of the same laws.
In the nature of things there must be many social distinctions
and privileges remaining unregulated by law and left within the
control of the individual citizens, as being beyond the reach of
the legislative functions of government to organize or control.
The attempt to enforce social intimacy and intercourse between the
races, by legal enactments, would probably tend only to embitter
them, and produce an evil instead of a good result. [Citing
_Roberts_ v. _City of Boston_.]
As to whether such intercourse shall ever occur must eventually
depend upon the operation of natural laws and the merits of
individuals, and can exist and be enjoyed only by the voluntary
consent of the persons between whom such relations may arise, but
this end can neither be accomplished nor promoted by laws which
conflict with the general sentiment of the community upon whom
they are designed to operate. When the government, therefore,
has secured to each of its citizens equal rights before the law
and equal opportunities for improvement and progress, it has
accomplished the end for which it is organized and performed all of
the functions respecting social advantages with which it is endowed.
The New York court went on to analyze the “startling results”
that would follow from the assertion that racial separation was
intended to be prohibited by the Fourteenth Amendment. The same
line of argument would prohibit classifications by sex or age, and
surely this was not intended. No. Plainly, said the court, the
Brooklyn school authorities had the power, “in the best interests
of education, to cause different races and nationalities, whose
requirements are manifestly different, to be educated in separate
places.” The court added:
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account