The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
In the instant cases, that question is directly presented. Here,
unlike _Sweatt_ v. _Painter_, there are findings below that the
Negro and white schools involved have been equalized, or are being
equalized, with respect to buildings, curricula, qualifications and
salaries of teachers, and other “tangible” factors.[10] Our decision,
therefore, cannot turn on merely a comparison of these tangible
factors in the Negro and white schools involved in each of the cases.
We must look instead to the effect of segregation itself on public
education.
In approaching this problem, we cannot turn the clock back to 1868
when the Amendment was adopted, or even to 1896 when _Plessy_ v.
_Ferguson_ was written. We must consider public education in the
light of its full development and its present place in American life
throughout the Nation. Only in this way can it be determined if
segregation in public schools deprives these plaintiffs of the equal
protection of the laws.
Today, education is perhaps the most important function of state and
local governments. Compulsory school attendance laws and the great
expenditures for education both demonstrate our recognition of the
importance of education to our democratic society. It is required
in the performance of our most basic public responsibilities, even
service in the armed forces. It is the very foundation of good
citizenship. Today it is a principal instrument in awakening the
child to cultural values, in preparing him for later professional
training, and in helping him to adjust normally to his environment.
In these days, it is doubtful that any child may reasonably be
expected to succeed in life if he is denied the opportunity of an
education. Such an opportunity, where the state has undertaken to
provide it, is a right which must be made available to all on equal
terms.
We come then to the question presented: Does segregation of children
in public schools solely on the basis of race, even though the
physical facilities and other “tangible” factors may be equal,
deprive the children of the minority group of equal educational
opportunities? We believe that it does.
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