The Southern Case for School SegregationKilpatrick, James Jackson
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The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
In _Sweatt_ v. _Painter_, _supra_, in finding that a segregated
law school for Negroes could not provide them equal educational
opportunities, this Court relied in large part on “those qualities
which are incapable of objective measurement but which make for
greatness in a law school.” In _McLaurin_ v. _Oklahoma State
Regents_, _supra_, the Court, in requiring that a Negro admitted to
a white graduate school be treated like all other students, again
resorted to intangible considerations: “ ... his ability to study, to
engage in discussions and exchange views with other students, and,
in general, to learn his profession.” Such considerations apply with
added force to children in grade and high schools. To separate them
from others of similar age and qualifications solely because of their
race generates a feeling of inferiority as to their status in the
community that may affect their hearts and minds in a way unlikely
ever to be undone. The effect of this separation on their educational
opportunities was well stated by a finding in the Kansas case by a
court which nevertheless felt compelled to rule against the Negro
plaintiffs:
Segregation of white and colored children in public schools has a
detrimental effect upon the colored children. The impact is greater
when it has the sanction of the law; for the policy of separating
the races is usually interpreted as denoting the inferiority of
the Negro group. A sense of inferiority affects the motivation of
a child to learn. Segregation with the sanction of law, therefore,
has a tendency to [retard] the educational and mental development
of Negro children and to deprive them of some of the benefits they
would receive in a racial[ly] integrated school system.[11]
Whatever may have been the extent of psychological knowledge at the
time of _Plessy_ v. _Ferguson_, this finding is amply supported by
modern authority.[12] Any language in _Plessy_ v. _Ferguson_ contrary
to this finding is rejected.
We conclude that in the field of public education the doctrine of
“separate but equal” has no place. Separate educational facilities
are inherently unequal. Therefore, we hold that the plaintiffs and
others similarly situated for whom the actions have been brought are,
by reason of the segregation complained of, deprived of the equal
protection of the laws guaranteed by the Fourteenth Amendment. This
disposition makes unnecessary any discussion whether such segregation
also violates the Due Process Clause of the Fourteenth Amendment.[13]
Public-domain text, read in full here on John Shaqi.
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