The Arguments in Brown Vs. Board of Education

The practice of "separate but equal" was declared unconstitutional in 1954.

Brown v. Board of Education represented one of the landmark U.S. Supreme Court cases. The case rested on the 14th Amendment of the U.S. Constitution, which guarantees equal protection of all citizens by the states and overturned previous rulings on "separate but equal" schools. The case resulted in the formalization of desegregation in public schools, allowing minority and majority children to attend the same schools and receive the same education.

Opponents

The Brown v. Board of Education encompassed five separate cases before the Supreme Court in December 1952: Brown v. Board of Education of Topeka (Kansas); Briggs v. Elliot (South Carolina); Davis v. Board of Education of Prince Edward County (Virginia.); Boiling v. Sharpe (District of Columbia); and Gebhart v. Ethel (Delaware). The cases shared a common argument about the "constitutionality of state-sponsored segregation in public schools," according to Find Law. The states wanted to maintain the laws permitting segregation, while students and their families sought access to quality education.

The Argument

Brown v. Board of Education was brought before the U.S. Supreme Court on Dec. 9, 1952. The plaintiffs, representing African-American citizens of four states and the District of Columbia, sought to gain admission to public schools designated for white children within their communities. However, in each case the students were denied admission and required to attend "separate but equal" schools for African-American children within the community.

Thurgood Marshall and the NAACP Legal Defense and Education Fund argued the case before the Supreme Court. Marshall argued segregated school systems were "inherently unequal," violating the premise of the 14th Amendment of equal protection under the law. Additionally, he argued a segregated system affected the African-American children sociologically, making them feel inferior to white children, according to Find Law.

Precedence

Before Brown v. Board of Education, several cases were heard before the Supreme Court challenging the constitutionality of state laws that denied equal access to public education. A series of cases argued that denial of admission for African-American students to institutions of higher education for whites violated the equal protection clause. In each of these cases---Murray v. Maryland (1936), Missouri ex rel Gaines v. Canada (1938), and Sweatt v. Painter (1950)---the court ruled in favor of the plaintiffs, saying the state was denying equal protection to the students and they were being denied an equal education. In each of the three cases, Thurgood Marshall and the NAACP Legal Defense and Education Fund were the attorneys for the plaintiffs. These cases formed the basis for Brown v Board of Education, supporting the rights of families to choose public schools in their communities based on the quality of the education rather than requiring attendance at separate but equal facilities.

Supreme Court Ruling

The Supreme Court heard the Brown case for the first time in 1952.

When the case was heard in 1952, the Supreme Court justices were unable to reach an opinion under Chief Justice Fred Vinson. It was reheard in December 1953, under Chief Justice Earl Warren. Warren brought the court together to form a unanimous decision, which was decided on May 17, 1954. The judges concurred that "in the field of public education the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal." The Supreme Court decision stated that segregation based solely on race denied African-American children equal protection as guaranteed by the 14th Amendment of the U.S. Constitution.

Further Actions

Because of the emotionally charged nature of the decision and anticipation of opposition, the Supreme Court delayed making recommendations about the process of school desegregation. The Supreme Court determined solutions must be made on the local level. The attorney generals of each state with laws permitting segregation was asked to devise a plan to desegregate the public schools. By May 31, 1955, much of the authority to desegregate schools was placed in the hands of the local states, though it took several years for all school systems to implement desegregation efforts.

References

• Find Law: History of Brown v. Board of Education
• Justia Supreme Court Center: Brown v. Board of Education
• National Center for Public Policy Research: Brown v. Board of Education
• Oyez: Brown v Board of Education (II)

Resources

• Find Law: Fourteenth Amendment
• National Park Service: Brown v. Board of Education National Historic Site