The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
Three other cases that were reviewed in the oral argument before the
Supreme Court in December 1953 also dealt with higher education at
the graduate-school level. The circumstances in _Sipuel_ v. _Board
of Regents of the University of Oklahoma_ (332 U. S. 630) paralleled
the circumstances of the _Gaines_ case; the court entered no more
than a _per curiam_ order directing that _Gaines_ be followed. On
June 5, 1950, the last two cases were decided: _Sweatt_ v. _Painter_
(339 U. S. 629) and _McLaurin_ v. _Oklahoma State Regents for
Higher Education_ (339 U. S. 637). In both opinions, the court,
speaking through Chief Justice Vinson, was careful to emphasize
that it was following _Gaines_ (that is, that it was following
“separate but equal”) and was not reexamining _Plessy_ at all. In
the _Sweatt_ case, Texas had attempted to establish a Negro law
school at Austin that would be the equal of its University of Texas
Law School in Houston. Relying upon the “intangibles that make for
greatness in a law school,” the court held such equality impossible
of attainment. Similarly, in the _McLaurin_ case, in which Oklahoma
had sought to segregate a Negro graduate in the use of library and
cafeteria facilities, Vinson held for the court that “_under these
circumstances_,” the Fourteenth Amendment precluded any distinction
in treatment of students based upon race.
Regardless of one’s views on the rightness or wrongness of
segregation in the public schools, how are these precedents fairly to
be characterized? Plainly, they form one unbroken chain, reaching
back to the very ratification of the Fourteenth Amendment: _Garnes_
in Ohio, _Stoutmeyer_ in Nevada, _Ward_ in California, _Cory_ in
Indiana, _Bertonneau_ in Louisiana, _King_ in New York, _Lehew_
in Missouri, _Plessy_ in Louisiana, _Cumming_ in Georgia, _Berea_
in Kentucky, _McCabe_ in Oklahoma, _Gong Lum_ in Mississippi,
_Gaines_ in Missouri--in every one of these, extending from 1871
to 1938, the doctrine of “separate but equal” had been judicially
sanctioned as not in violation of the Fourteenth Amendment. And in
_Sipuel_, _McLaurin_, and _Sweatt_ the doctrine had simply been ruled
not applicable in the peculiar circumstances of graduate-school
instruction.
Public-domain text, read in full here on John Shaqi.
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