The fourteenth amendment of the United States Constitution safeguards the right of the people for equal recognition and protection under the law. Specifically, the 14th Amendment states,“no State shall make or enforce any law that shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
However, this particular provision had been open to interpretation for such a long time. Thus, cases like Plessy vs. Fergusson and Brown vs. the Board of Education arise to contradict each other using the same provision as its defense.
Primer to the case of Brown vs. the Board of Education
Around the 50’s, there was a law that segregates blacks from the whites. This was called racial segregation. It is the policy endorsed in 1896 by the United States of Supreme Court, as a result, of the case of Plessy vs. Fergusson. This policy states that while racial segregation exists, it does not violate the 14th Amendment because everyone still enjoys equal protection, equal recognition and equal opportunity. Proponents of the segregation argue that the segregation only exist in the physical facilities, but everything else is provided equally among people regardless of race, age, gender and religion.
In the case of Plessy vs. Fergusson, controversy sparks after Judge Fergusson ruled in favor of the State of Louisiana Railroad after it allegedly deny an octoroon Henry Plessy the right to sit among the whites. Plessy has a 7/8 Caucasian and 1/8 African lineage (Medley). However, under the law of Louisiana, Plessy was classified as a black man an was supposed sit among the colored people. Plessy’s defense argues that he was deprived of his 13th and 14th amendment right. The court, on the other hand, refutes by saying that nothing was deprived of Plessy because the state law mandates the separation of the whites and black and Plessy violated that law by insisting on sitting among the whites. This was the argument used in the case of Brown vs. The Board of Education in 1951. The Board argues that the law on segregation has existed since 1896, and it warrants for the segregation of races in physical facilities.
The case of Brown vs. the Board of Education
The case of Brown vs. the Board of Education began in 1950 as a class action. Thirteen Topeka parents sought the reversion of the existing law that segregates elementary students from the State of Kansas. However, the focus of the class action was focused on Oliver L. Brown who demanded that the segregation be abolished because it deters his daughter Linda from attending a nearby school, Summer Elementary, which is exclusively for white students (Ogletree). Brown further supported his argument by saying that his daughter had to walk 6 blocks to the bus stop for her to get to her school that was 1.6 kilometers away from their house. When they were denied by the Board of Education of the City of Topeka, each parent tried to enroll their children to the nearest school to their houses regardless whether it is a school intended for the whites.
The Board was enraged by this action and blamed Brown for orchestrating the civil disobedience. In 1951, the District Court ruled in favor of The Board of Education arguing that while there is the segregation in education, students still enjoy equal opportunity relating to transportation, buildings, educational qualifications of teachers and curricular. Despite this, three judges from the panel saw the detrimental effect of segregation of public schools among elementary students.
The case was appealed to the Supreme Court for another reading along with five other similar cases. In 1952, the case of Brown vs. the Board of Education was argued. Several points had been raised. One of which was on the effects of segregation to the children. According to an argument in favor of the plaintiff, the segregation of public elementary school gave the impression that the schools meant for black children are inferior to the white schools. One of the five cases heard, specifically Briggs vs. Elliot cited 30 studies conducted by social scientists testifying the deleterious effect of segregation among the students one of which was an inferiority complex. Counter arguments raised were merely citing the case of Plessy vs. Fergusson, which was a precedent to the case of segregation. They reestablish the argument surrounding the claims “separate, but equal."
The case failed to arrive at a consensus. Thus, the cases were argued in 1953. Same arguments had been presented only this time the court gave merits on the points raised by the plaintiff based on the evidences of social studies regarding the effects of segregation of public schools to children. Thus, in 1954 on May 17, the court voted in favor of the Brown vs. the Board of Education (Patterson). A 9-0 unanimous decision has been reached ruling in favor of the plaintiff. The nine judges included the following: Warren, Reed, Douglas, Black, Jackson, Frankfurter, Minton, Burton and Clark (Patterson). Judge Earl Warren delivered the opinion on the case of Brown vs. the Board of Education. In his speech, he states that the court took jurisdiction of the cases presented to them because there were obvious discrepancies and failure to hear the arguments presented by the plaintiff simply because of the existing ruling on the case of Plessy vs. Fergusson. Warren furthered that while the case was also on the issue of racial segregation, the same arguments and merits of the cases are entirely different. The case of Brown vs. the Board of Education was not a simple case of segregation, but it is a case of according equal opportunity. The decision was awarded to the plaintiffs on the merit that there is, and there can be equality in segregating public elementary schools base on race.
The major point raised in Warren’s opinion was that the “separate but equal doctrine” has no room in education. One could not contend that both institutions are receiving the same opportunities because in reality they are not. The court has been wise in taking into accounts the events in history that transpired even before the case has been brought to court. According to them, the Negros had long been deprived of their rights in almost every aspect if their existence (Tushnet). Thus, they are left to fend for themselves. By still depriving them of education, would entail that society is depriving them of their other rights as their right to employment and their right to better themselves. Education would allow people to be placed on equal grounds because they will be judged not on the color of their skin, or a god they worship. Rather, they will be gauged based on their knowledge and the learning they acquired. It will not simply benefit the Negros, but eventually, the society should see this to everyone’s advantage. The Blacks have proven themselves to excel in the fields of arts and sciences. If they are given an equal opportunity to harness their natural gifts then they could contribute to the betterment of the community even in terms of economic productivity.
Effects of the ruling
Work Cited
Medley, Keith Weldon. We As Freemen: Plessy v. Ferguson. Gretna, LA: Pelican, 2003.
Ogletree, Charles. All Deliberate Speed: Reflections on the First Half Century of Brown v. Board of Education. New York, New York: W.W. Norton, 2004.
Patterson, James. Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy. New York, New York: Oxford University Press, 2001.
Tushnet, Mark. I dissent: Great Opposing Opinions in Landmark Supreme Court Cases. Boston, MA: Beacon Press, 2008.
