The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
Virginia is feeling its way carefully with the freedom-of-choice
program. In the 1960-61 school year, 8127 pupils (or a little less
than 1 per cent of the 874,000 children in public schools) gave up
their right to attend a public school and chose, instead, to exercise
their rights under the 1958 law. They obtained grants amounting to
$1.8 million out of total school spending (including sums for capital
outlays) of some $290 million. Public school administrators, many of
whom are fearful of private school competition and jealously opposed
to the program, tend to regard the grants as a net cost--as something
taken away from them. Plainly this is not true. About $200,000 in
grants were taken by pupils who applied the sums to tuition costs in
neighboring public schools, as in Charlottesville and Norfolk; other
outlays were offset by the simple absence of the pupils from public
schools--the State did not have to build classrooms or hire teachers
to teach them. When it is kept in mind that the nonprofit private
schools must meet their own capital costs from contributions and
endowments, the prospect of an ultimate saving to the Commonwealth
becomes evident. These construction costs are a part of the price a
free people should be permitted to pay for freedom to conduct their
lives as they wish. It is inconceivable that Federal courts should
outlaw this voluntary, nondiscriminatory plan as a mere subterfuge or
circumvention of the _Brown_ decision. It emphatically is not.
In _Pierce_ v. _Society of Sisters_ (268 U. S. 510) the Supreme Court
laid down the principles on which Virginia is relying. The opinion
held unconstitutional an Oregon act of 1922 requiring children of
that State to attend public schools and public schools only. A
private military academy and a Catholic parochial school complained
that the law violated the right of parents to choose schools for
their children where the pupils would receive the sort of training
the parents wished them to have; beyond that, the law violated the
right of private schools and teachers to engage in a useful and
lawful business or profession.
A unanimous court, speaking through Mr. Justice McReynolds, accepted
the plaintiffs’ position entirely. Oregon’s law “unreasonably
interferes with the liberty of parents and guardians to direct the
upbringing and education of children under their control.” Their
rights in this regard are guaranteed by the Constitution and may not
be abridged by legislation which has no reasonable relation to some
purpose within the competency of the State. “The fundamental theory
of liberty upon which all governments in this Union repose excludes
any general power of the State to standardize its children by forcing
them to accept instruction from public teachers only. The child is
not the mere creature of the State; those who nurture him and direct
his destiny have the right, coupled with the high duty, to recognize
and prepare him for additional obligations.”
Public-domain text, read in full here on John Shaqi.
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