 | Separate but equal
By Sophia Thornton, Acting Director, EEO Formal Complaints Processing |
One of the greatest stories in U.S. history is the constitutional challenge to end the era of "separate but equal" in the public schools of our nation. In the fall of 1950, Thurgood Marshall, attorney at law, represented members of the Topeka, Kans., Chapter of the National Association for the Advancement of Colored People in a pivotal legal issue. The lawsuit asserted that separate public schools for children based on race was a violation of the equal protection clause in the fourteenth amendment to the U.S. Constitution. The catalyst for the lawsuit was Linda Brown, an African American child, whose father objected to her having to bypass white schools in close proximity to her home to attend one of four schools designated for African Americans.After years of court cases, the lawsuit challenging the "separate but equal" doctrine culminated when the U.S. Supreme Court accepted the case for review. The lawsuit was exceptionally well orchestrated, meticulously planned, and brilliantly executed by Marshall, one of the greatest legal minds of the era. The plaintiff's greatest hurdle was arguing to a conservative Supreme Court that the "separate but equal" doctrine was unconstitutional. Chief Justice Earl Warren, appointed to the Supreme Court by President Eisenhower in 1953, had served as a conservative Attorney General and then as a conservative governor of California. It was unimaginable that Chief Justice Warren would prove to be a champion of civil rights by bringing the Justices from division to unanimity. In a landmark decision, the Supreme Court held that the doctrine of "separate but equal" in public schools was inherently unequal, thus violating the equal protection clause of the Constitution. This decision became the foundation upon which discrimination on the basis of race in voting rights, housing, employment, access to public facilities, and other public entities was found to be unconstitutional.In 1967, President Lyndon B. Johnson appointed Thurgood Marshall to serve on the U.S. Supreme Court. He was the first African-American to hold that position. Prior to his appointment, Marshall argued an astonishing 32 cases before the Supreme Court, winning 29 of them. During Justice Marshall's tenure on the Supreme Court he was instrumental in moving the country even further towards achieving the lofty goals set forth in the Constitution and the Bill of Rights.Throughout our history, individuals with character, vision, and courage have challenged the political and social structure of our nation. They have brought us closer to the promises of liberty, freedom and justice for all.During Black History Month, U.S. Customs and Border Protection will sponsor events that recognize not only the contributions of African Americans but also countless others who upheld the ideals of justice and opportunity set forth in our charters of freedom. |
|
