Brown v. Board of Education
The Supreme Court's opinion in the Brown v. Board of Education case of 1954 legally ended decades of racial segregation in America's public schools. Chief Justice Earl Warren delivered the unanimous ruling in the landmark civil rights case. State-sanctioned segregation of public schools was a violation of the 14th Amendment and was therefore unconstitutional. This historic decision marked the end of the "separate but equal" precedent set by the Supreme Court nearly 60 years earlier and served as a catalyst for the expanding civil rights movement. Read more...
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- Brown v. Board of Education Timeline
- Biographies of Key Figures
- Related Primary Sources: Photographs from the Dorothy Davis Case
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While the 13th Amendment to the United States Constitution outlawed slavery, it wasn't until three years later, in 1868, that the 14th Amendment guaranteed the rights of citizenship to all persons born or naturalized in the United States, including due process and equal protection of the laws. These two amendments, as well as the 15th Amendment protecting voting rights, were intended to eliminate the last remnants of slavery and to protect the citizenship of Black Americans.
In 1875, Congress also passed the first Civil Rights Act, which held the "equality of all men before the law" and called for fines and penalties for anyone found denying patronage of public places, such as theaters and inns, on the basis of race. However, a reactionary Supreme Court reasoned that this act was beyond the scope of the 13th and 14th Amendments, as these amendments only concerned the actions of the government, not those of private citizens. With this ruling, the Supreme Court narrowed the field of legislation that could be supported by the Constitution and at the same time turned the tide against the civil rights movement.
By the late 1800s, segregation laws became almost universal in the South where previous legislation and amendments were, for all practical purposes, ignored. The races were separated in schools, in restaurants, in restrooms, on public transportation, and even in voting and holding office.
Plessy v. Ferguson
In 1896, the Supreme Court upheld the lower courts' decision in the case of Plessy v. Ferguson. Homer Plessy, a Black man from Louisiana, challenged the constitutionality of segregated railroad coaches, first in the state courts and then in the U. S. Supreme Court.
The high court upheld the lower courts, noting that since the separate cars provided equal services, the equal protection clause of the 14th Amendment was not violated. Thus, the "separate but equal" doctrine became the constitutional basis for segregation. One dissenter on the Court, Justice John Marshall Harlan, declared the Constitution "color blind" and accurately predicted that this decision would become as baneful as the infamous Dred Scott decision of 1857.
In 1909 the National Association for the Advancement of Colored People (NAACP) was officially formed to champion the modern Civil Rights Movement. In its early years its primary goals were to eliminate lynching and to obtain fair trials for Black Americans. By the 1930s, however, the activities of the NAACP began focusing on the complete integration of American society. One of their strategies was to force admission of Black Americans into universities at the graduate level where establishing separate but equal facilities would be difficult and expensive for the states.
At the forefront of this movement was Thurgood Marshall, a young Black lawyer who, in 1938, became general counsel for the NAACP's Legal Defense and Education Fund. Significant victories at this level included Gaines v. University of Missouri in 1938, Sipuel v. Board of Regents of University of Oklahoma in 1948, and Sweatt v. Painter in 1950. In each of these cases, the goal of the NAACP defense team was to attack the "equal" standard so that the "separate" standard would in turn become susceptible.
Five Cases Consolidated under Brown v. Board of Education
By the 1950s, the NAACP was beginning to support challenges to segregation at the elementary school level. Five separate cases were filed in Kansas, South Carolina, Virginia, the District of Columbia, and Delaware:
- Oliver Brown et al. v. Board of Education of Topeka, Shawnee County, Kansas, et al.
- Harry Briggs, Jr., et al. v. R.W. Elliott, et al.
- Dorothy E. Davis et al. v. County School Board of Prince Edward County, Virginia, et al.
- Spottswood Thomas Bolling et al. v. C. Melvin Sharpe et al.
- Francis B. Gebhart et al. v. Ethel Louise Belton et al.
While each case had its unique elements, all were brought on the behalf of elementary school children, and all involved Black schools that were inferior to white schools. Most importantly, rather than just challenging the inferiority of the separate schools, each case claimed that the "separate but equal" ruling violated the equal protection clause of the 14th Amendment.
The lower courts ruled against the plaintiffs in each case, noting the Plessy v. Ferguson ruling of the United States Supreme Court as precedent. In the case of Brown v. Board of Education, the Federal district court even cited the injurious effects of segregation on Black children, but held that "separate but equal" was still not a violation of the Constitution. It was clear to those involved that the only effective route to terminating segregation in public schools was going to be through the United States Supreme Court.
In 1952 the Supreme Court agreed to hear all five cases collectively. This grouping was significant because it represented school segregation as a national issue, not just a southern one. Thurgood Marshall, one of the lead attorneys for the plaintiffs (he argued the Briggs case), and his fellow lawyers provided testimony from more than 30 social scientists affirming the deleterious effects of segregation on Black and white children. These arguments were similar to those alluded to in the Dissenting Opinion of Judge Waites Waring in Harry Briggs, Jr., et al. v. R. W. Elliott, Chairman, et al. (shown above).
These [social scientists] testified as to their study and researches and their actual tests with children of varying ages and they showed that the humiliation and disgrace of being set aside and segregated as unfit to associate with others of different color had an evil and ineradicable effect upon the mental processes of our young which would remain with them and deform their view on life until and throughout their maturity....They showed beyond a doubt that the evils of segregation and color prejudice come from early training...it is difficult and nearly impossible to change and eradicate these early prejudices however strong may be the appeal to reason…if segregation is wrong then the place to stop it is in the first grade and not in graduate colleges.
The lawyers for the school boards based their defense primarily on precedent, such as the Plessy v. Ferguson ruling, as well as on the importance of states' rights in matters relating to education.
Realizing the significance of their decision and being divided among themselves, the Supreme Court took until June 1953 to decide they would rehear arguments for all five cases.
The arguments were scheduled for the following term. The Court wanted briefs from both sides that would answer five questions, all having to do with the attorneys' opinions on whether or not Congress had segregation in public schools in mind when the 14th amendment was ratified.
The Order of Argument (shown above) offers a window into the three days in December of 1953 during which the attorneys reargued the cases. The document lists the names of each case, the states from which they came, the order in which the Court heard them, the names of the attorneys for the appellants and appellees, the total time allotted for arguments, and the dates over which the arguments took place.
Briggs v. Elliott
The first case listed, Briggs v. Elliott, originated in Clarendon County, South Carolina, in the fall of 1950. Harry Briggs was one of 20 plaintiffs who were charging that R.W. Elliott, as president of the Clarendon County School Board, violated their right to equal protection under the fourteenth amendment by upholding the county's segregated education law. Briggs featured social science testimony on behalf of the plaintiffs from some of the nation's leading child psychologists, such as Dr. Kenneth Clark, whose famous doll study concluded that segregation negatively affected the self-esteem and psyche of African-American children. Such testimony was groundbreaking because on only one other occasion in U.S. history had a plaintiff attempted to present such evidence before the Court.
Thurgood Marshall, the noted NAACP attorney and future Supreme Court Justice, argued the Briggs case at the District and Federal Court levels. The U.S. District Court's three-judge panel ruled against the plaintiffs, with one judge dissenting, stating that "separate but equal" schools were not in violation of the 14th amendment. In his dissenting opinion (shown above), Judge Waties Waring presented some of the arguments that would later be used by the Supreme Court in Brown v. Board of Education of Topeka, Kansas. The case was appealed to the Supreme Court.
Davis v. County School Board of Prince Edward County, Virginia
Marshall also argued the Davis v. County School Board of Prince Edward County, Virginia, case at the Federal level. Originally filed in May of 1951 by plaintiff's attorneys Spottswood Robinson and Oliver Hill, the Davis case, like the others, argued that Virginia's segregated schools were unconstitutional because they violated the equal protection clause of the fourteenth amendment. And like the Briggs case, Virginia's three-judge panel ruled against the 117 students who were identified as plaintiffs in the case. (For more on this case, see Photographs from the Dorothy Davis Case.)
Brown v. Board of Education of Topeka
Listed third in the order of arguments, Brown v. Board of Education of Topeka was initially filed in February of 1951 by three Topeka area lawyers, assisted by the NAACP's Robert Carter and Jack Greenberg. As in the Briggs case, this case featured social science testimony on behalf of the plaintiffs that segregation had a harmful effect on the psychology of African-American children. While that testimony did not prevent the Topeka judges from ruling against the plaintiffs, the evidence from this case eventually found its way into the wording of the Supreme Court's May 17, 1954 opinion. The Court concluded that:
To separate them [children in grade and high schools] 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 to ever be undone.
Bolling v. Sharpe
Because Washington, D.C., is a Federal territory governed by Congress and not a state, the Bolling v. Sharpe case was argued as a fifth amendment violation of "due process." The fourteenth amendment only mentions states, so this case could not be argued as a violation of "equal protection," as were the other cases. When a District of Columbia parent, Gardner Bishop, unsuccessfully attempted to get 11 African-American students admitted into a newly constructed white junior high school, he and the Consolidated Parents Group filed suit against C. Melvin Sharpe, president of the Board of Education of the District of Columbia. Charles Hamilton Houston, the NAACP's special counsel, former dean of the Howard University School of Law, and mentor to Thurgood Marshall, took up the Bolling case.
With Houston's health already failing in 1950 when he filed suit, James Nabrit, Jr. replaced Houston as the original attorney. By the time the case reached the Supreme Court on appeal, George E.C. Hayes had been added as an attorney for the petitioners, beside James Nabrit, Jr. According to the Court, due to the decision in Plessy, "the plaintiffs and others similarly situated" had been "deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment," therefore, segregation of America's public schools was unconstitutional.
Belton v. Gebhart
The last case listed in the order of arguments, Belton v. Gebhart, was actually two nearly identical cases (the other being Bulah v. Gebhart), both originating in the state of Delaware in 1952. Ethel Belton was one of the parents listed as plaintiffs in the case brought in Claymont, while Sarah Bulah brought suit in the town of Hockessin, Delaware. While both of these plaintiffs brought suit because their African-American children had to attend inferior schools, Sarah Bulah's situation was unique in that she was a white woman with an adopted Black child, who was still subject to the segregation laws of the state. Local attorney Louis Redding, Delaware's only African-American attorney at the time, originally argued both cases in Delaware's Court of Chancery. NAACP attorney Jack Greenberg assisted Redding. Belton/Bulah v. Gebhart was argued at the Federal level by Delaware's attorney general, H. Albert Young.
Supreme Court Rehears Arguments
Reargument of the Brown v. Board of Education cases at the Federal level took place December 7-9, 1953. Throngs of spectators lined up outside the Supreme Court by sunrise on the morning of December 7, although arguments did not actually commence until one o'clock that afternoon. Spottswood Robinson began the argument for the appellants, and Thurgood Marshall followed him. Virginia's Assistant Attorney General, T. Justin Moore, followed Marshall, and then the court recessed for the evening.
On the morning of December 8, Moore resumed his argument, followed by his colleague, J. Lindsay Almond, Virginia's Attorney General. Following this argument, Assistant United States Attorney General J. Lee Rankin, presented the U.S. government's amicus curiae brief on behalf of the appellants, which showed its support for desegregation in public education. In the afternoon, Robert Carter began arguments in the Kansas case, and Paul Wilson, Attorney General for the state of Kansas, followed him in rebuttal.
On December 9, after James Nabrit and Milton Korman debated Bolling, and Louis Redding, Jack Greenberg, and Delaware's Attorney General, H. Albert Young argued Gebhart, the Court recessed. The attorneys, the plaintiffs, the defendants, and the nation waited five months and eight days to receive the unanimous opinion of Chief Justice Earl Warren's court, which declared, "in the field of public education, the doctrine of 'separate but equal' has no place."
The Warren Court
In September 1953, President Eisenhower had appointed Earl Warren, governor of California, as the new Supreme Court chief justice. Eisenhower believed Warren would follow a moderate course of action toward desegregation. His feelings regarding the appointment are detailed in the closing paragraphs of a letter he wrote to E. E. "Swede" Hazlett, a childhood friend (shown above). On the issue of segregation, Eisenhower believed that the new Warren court would "be very moderate and accord a maximum initiative to local courts."
In his brief to the Warren Court that December, Thurgood Marshall described the separate but equal ruling as erroneous and called for an immediate reversal under the 14th Amendment. He argued that it allowed the government to prohibit any state action based on race, including segregation in public schools. The defense countered this interpretation pointing to several states that were practicing segregation at the time they ratified the 14th Amendment. Surely they would not have done so if they had believed the 14th Amendment applied to segregation laws. The U.S. Department of Justice also filed a brief; it was in favor of desegregation but asked for a gradual changeover.
Over the next few months, the new chief justice worked to bring the splintered Court together. He knew that clear guidelines and gradual implementation were going to be important considerations, as the largest concern remaining among the justices was the racial unrest that would doubtless follow their ruling.
The Supreme Court Ruling
Finally, on May 17, 1954, Chief Justice Earl Warren read the unanimous opinion: school segregation by law was unconstitutional (shown above). Arguments were to be heard during the next term to determine exactly how the ruling would be imposed.
Just over one year later, on May 31, 1955, Warren read the Court's unanimous decision, now referred to as Brown II (also shown above). It instructed states to begin desegregation plans "with all deliberate speed." Warren employed careful wording in order to ensure backing of the full Court in his official judgment.
The Brown decision was a watershed in American legal and civil rights history because it overturned the "separate but equal" doctrine first articulated in the Plessy v. Ferguson decision of 1896. By overturning Plessy, the Court ended America's 58-year-long practice of legal racial segregation and paved the way for the integration of America's public school systems.
Despite two unanimous decisions and careful, if not vague, wording, there was considerable resistance to the Supreme Court's ruling in Brown v. Board of Education. In addition to the obvious disapproving segregationists were some constitutional scholars who felt that the decision went against legal tradition by relying heavily on data supplied by social scientists rather than precedent or established law. Supporters of judicial restraint believed the Court had overstepped its constitutional powers by essentially writing new law.
However, minority groups and members of the Civil Rights Movement were buoyed by the Brown decision even without specific directions for implementation. Proponents of judicial activism believed the Supreme Court had appropriately used its position to adapt the basis of the Constitution to address new problems in new times. The Warren Court stayed this course for the next 15 years, deciding cases that significantly affected not only race relations, but also the administration of criminal justice, the operation of the political process, and the separation of church and state.
Parts of this text were adapted from an article written by Mary Frances Greene, a teacher at Marie Murphy School in Wilmette, IL.