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PaperclipPerfector  5mo ago (text post)   26564 thread views

Culture War Roundup for the week of June 3, 2024

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In Sweatt v. Painter, supra, in finding that a segregated law school for Negroes could not provide them equal educational opportunities, this Court relied in large part on "those qualities which are incapable of objective measurement but which make for greatness in a law school." In McLaurin v. Oklahoma State Regents, supra, the Court, in requiring that a Negro admitted to a white graduate school be treated like all other students, again resorted to intangible considerations: ". . . his ability to study, to engage in discussions and exchange views with other students, and, in general, to learn his profession." Such considerations apply with added force to children in grade and high schools. To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone. The effect of this separation on their educational opportunities was well stated by a finding in the Kansas case by a court which nevertheless felt compelled to rule against the Negro plaintiffs:

Segregation of white and colored children in public schools has a detrimental effect upon the colored children. The impact is greater when it has the sanction of the law, for the policy of separating the races is usually interpreted as denoting the inferiority of the negro group. A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction of law, therefore, has a tendency to [retard] the educational and mental development of negro children and to deprive them of some of the benefits they would receive in a racial[ly] integrated school system.

Whatever may have been the extent of psychological knowledge at the time of Plessy v. Ferguson, this finding is amply supported by modern authority. Any language in Plessy v. Ferguson contrary to this finding is rejected.

We conclude that, in the field of public education, the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal.

The ruling was that legal or otherwise fair separation is still often used to emphasize unfairness and is psychologically harmful to children, and that there are valid "intangible considerations" beyond mere obvious physical facts that make it impossible to satisfy the "equal" requirement. There is no implication here at all about white people, only that separation violates the spirit of the 14th Amendment (which amendment's history, they found, was not conclusive or useful enough to serve as a guide in interpretation). This specific decision also did not extend to areas other than public education, which is also an important point.

There is no implication here at all about white people

Indeed there is:

Segregation of white and colored children in public schools has a detrimental effect upon the colored children.

The implication is that the "colored" children have the right to benefit from the presence of white children.

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