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US Supreme Court votes to prohibit private schools from excluding Blacks on the basis of race.
1976 (Jun 25)
The United States Supreme Court voted 7-2 to prohibit private schools from excluding Blacks on the basis of their race. The private school case stemmed from a suit filed by the parents of two Black children who were turned away from the Fairfax-Brewster School and Bobbe's Private School, both in the Virginia suburbs of Washington, D.C. The two schools had denied that they discriminated and said they had not had previous Black applicants. They contended, however, that they had a right to discriminate if they so choose. The Council for American Private Education, which represented about 90 percent of the nation's private school enrollment, and the Department of Justice supported the Black children in their suit, but the Southern Independent Schools Association, which represented 395 schools, and President Gerald R. Ford opposed judicial relief for the Blacks. President Ford did say that he personally disapproved of discrimination against Blacks by such schools. According to the Court, racial discrimination by private schools was a "classic violation" of the Civil Rights Act of 1866 that prohibited, among other things, discrimination in the enforcement of contracts. The Court continued: “It may be assumed that parents have a First Amendment right to send their children to educational institutions that promote the belief that racial segregation is desirable, and that the children have an equal right to attend such institutions. . . . But it does not follow that the practice of excluding racial minorities from such institutions is also protected by the same principle." In reacting to the ruling, Andrew Lipscombe, an attorney for the Fairfax-Brewster, Virginia, schools, said: “Parents are not going to be able to have the associations for their children that they wish, even in private situations which in small, private schools are intimate." The Court's majority opinion was written by Justice Potter Stewart. In their dissents, Justices Byron R. White and William H. Rehnquist said the Act of 1866 prohibited only discrimination imposed by state law; hence the majority had gone too far in outlawing bias in the private schools.
References:
- • Hornsby, Alton. Chronology of African-American History: Significant Events and People from 1619 to the Present. Detroit: Gale Research, 1995.