See how it looked in 1954

Unanimous Court Ruling Voids Racial Segregation in Schools

By Richard L. Strout | Staff Correspondent of The Christian Science Monitor

Washington

In one of the greatest Supreme Court decisions in history the august tribunal ruled that racial segregation in public schools is unconstitutional.

When the long-awaited opinion came it had the massive authority of a unanimous court and was delivered by the Chief Justice of the United States, Earl Warren, former Governor of California.

Many immediately likened the opinion in its sweeping importance to the race question to the decision of the court in the Dred Scott case of 1857 holding that a Negro is not a citizen. It took a war to rewrite that decision.

It is an opinion that will ring around the world as a basic affirmation of the democratic credo of the United States in this time of mass communication and the rising race consciousness of the darker-skinned peoples.

Washington at once asked, what will southern states with segregated schools do now?

Gov. James F. Byrnes (D) of South Carolina, former United States Secretary of State, has put himself at the head of the southern opposition to ending segregation, and has declared that his state would end the public school system as it is now known in the event of a court opinion unfavorable to his view.

Ruling Specific

The court said it will hear further arguments this fall on how and when to end the practice. Thus many months—perhaps more time will elapse—before the ruling actually wipes out the separate schools now in existence in many states.

The immediate prospect is for an attempt at legal circumvention in individual states to get around the momentous decision.

It is agreed that to put white and Negro children into the same school - where they have been separated since time immemorial - will cause the deepest kind of social problem.

The United States—and particularly the South—now faces a challenge to meet the new opinion with a minimum of conflict and difficulty.

It is agreed here that the change in racial relations is so far reaching that it will take months and years before final echoes are heard.

In effect, the high court was not merely declaring constitutional law but exercising the judgment of statesmanship in its verdict, evidence of which was in the form of Mr. Chief Justice Warren’s opinion.

300-Year Pattern

The Chief Justice said that, because of the wide ramifications involved, formulation of specific decrees will be delayed for further arguments.

In effect this creates a breathing space to organize what amounts to a social revolution.

The court nevertheless was emphatic, specific, and unanimous on the cardinal point: Segregation is “a denial of equal protection of the laws” to Negroes.

This quotation comes from the 14th Amendment—the amendment upon which Negroes relied in bringing their several cases.

Seventeen states and the District of Columbia practice segregation.

Now the high court says this system of dual schools, and different teachers, recreation facilities, buildings, books, and equipment, must end.

Ruling of 1896

Deeper than this is the implied requirement that the pattern of 300 years of North American history, in which Negroes are on a different plane from white must also end - so far as schools go.

Few American states, practicing segregation, are fully prepared for the high court’s ruling. A slow movement toward integration at college levels has been going on in the South. An effort has also been made to improve Negro schools under the theory of “separate but equal” facilities.

The court says “not good enough.”

The Court’s decision was taken on four cases brought originally in four states - Delaware, Virginia, South Carolina, and Kansas.

Some states have segregation in some localities, nonsegregation in others. All told, 9,000,000 white and 2,650,000 Negro children attend separate schools.

There hardly has been an opinion in a century which cuts through and invalidates so many local provisions and state constitutions.

It was the same Supreme Court which wrote the “separate but equal provision” in 1896 which wiped that doctrine out here in a 12-page ruling.

While the tendency of states without large elements of mixed races will be to rejoice at the new doctrine, the social problem for the southern states is grave.

The new opinion undoubtedly represents a history making landmark but grave doubts exist about the practicability of quick adoption.

The court’s decision not to issue specific decrees apparently recognizes this profound problem and physical difficulties involved.

Federal financial aid for new schools could be forthcoming in the affected area if temporary confusion is not to result.

The Chief Justice said that further arguments will be heard—presumably next fall—before the decrees are formulated.

Equal Terms

The Chief Justice declared that historical data proved “inconclusive” as to the intent of the framers of the 14th Amendment. He said, however, that “in approaching this problem, we cannot turn the clock back to 1868 when the amendment was adopted, or even to 1896 when Plessy vs. Ferguson was written. [Plessy vs. Ferguson was the case that established the "separate but equal doctrine" which Negroes have been fighting for 30 years to set aside.]

“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 (complainants) of the equal protection of the laws.”

“Today, education is perhaps the most important function of state and local government….

“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 had undertaken to provide it, is a right which must be made available to all on equal terms.”