Brown v. Board of Education 
Author: Lindsey

Facts

Class action of black children wanting admission to the white public schools on a nonsegregated basis.  

Procedural History

In the Kansas, South Carolina and Virginia cases, the judge denied relief, basis the decision on the separate but equal doctrine.  In the Delaware care, the court adhered to separate but equal, but found that the schools were unequal and so ordered P admitted to the white schools. 

Issue

Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other “tangible” factors may be equal, deprive black children of equal education? 

Holding

Yes, separate but equal in the field of public education violates the EPC.  Separate educational facilities are inherently unequal. 

Reasoning

Historical arguments for how the 14^th amendment applies to education are inconclusive:

1. 1. The most avid proponents undoubtedly wanted to remove all legal distinction among persons born or naturalized in the US.
   2. But, at the time the 14^th amendment was ratified, the black school system had barely taken hold.  The vast majority of black were illiterate so the drafters didn’t have black education in mind. 

Tangible factors (buildings, curricula, salaries of teachers, etc.) may be equal but there are subjective standards to take into account.  Segregation generates a feeling of inferiority that affects the motivation of a child to learn.  This ultimately results in retarded mental development.