Brown v. Board of Education and Thurgood Marshall

From brownvboard.org:

On May 17, 1954, the United States Supreme Court ruled, in the landmark case of Brown vs. Board of Education of Topeka, that “separate but equal” educational facilities were “inherently unequal,” and therefore segregation in public education was unconstitutional. Chief Justice Earl Warren wrote the overriding decision, and Thurgood Marshall headed the legal defense team of the NAACP.

Thur The 1954 United States Supreme Court decision in Oliver L. Brown et.al. v. the Board of Education of Topeka (KS) et.al. is among the most significant judicial turning points in the development of our country. Originally led by Charles H. Houston, and later Thurgood Marshall and a formidable legal team, it dismantled the legal basis for racial segregation in schools and other public facilities. By declaring that the discriminatory nature of racial segregation … “violates the 14th amendment to the U.S. Constitution, which guarantees all citizens equal protection of the laws,” Brown v. Board of Education laid the foundation for shaping future national and international policies regarding human rights.

Picture on right: George E.C. Hayes, Thurgood Marshall, and James Nabrit, congratulating each other, following Supreme Court decision declaring segregation unconstitutional, 1954. 

Brown v. Board of Education was not simply about children and education. The laws and policies struck down by this court decision were products of the human tendencies to prejudge, discriminate against, and stereotype other people by their ethnic, religious, physical, or cultural characteristics. Ending this behavior as a legal practice caused far reaching social and ideological implications, which continue to be felt throughout our country. The Brown decision inspired and galvanized human rights struggles across the country and around the world.

What this legal challenge represents is at the core of United States history and the freedoms we enjoy. The U.S. Supreme Court decision in Brown began a critical chapter in the maturation of our democracy. It reaffirmed the sovereign power of the people of the United States in the protection of their natural rights from arbitrary limits and restrictions imposed by state and local governments. These rights are recognized in the Declaration of Independence and guaranteed by the U.S. Constitution.

While this case was an important historic milestone, it is often misunderstood. Over the years, the facts pertaining to the Brown case have been overshadowed by myths and mischaracterizations:

  • Brown v. Board of Education was not the first challenge to school segregation. As early as 1849, African Americans filed suit against an educational system that mandated racial segregation, in the case of Roberts v. City of Boston.
  • Oliver Brown, the case namesake, was just one of the nearly 200 plaintiffs from five states who were part of the NAACP cases brought before the Supreme Court in 1951. The Kansas case was named for Oliver Brown as a legal strategy to have a man head the plaintiff roster.

The Brown decision initiated educational and social reform throughout the United States and was a catalyst in launching the modern Civil Rights Movement. Bringing about change in the years since the Brown case continues to be difficult. But the Brown v. Board of Education victory brought this country one step closer to living up to its democratic ideas.

More here.

Marshallboyl Thurgood Marshall was America’s leading radical. He led a civil rights revolution in the 20th century that forever changed the landscape of American society. But he is the least well known of the three leading black figures of this century. Martin Luther King Jr., with his preachings of love and non-violent resistance, and Malcolm X, the fiery street preacher who advocated a bloody overthrow of the system, are both more closely associate in the popular mind and myth with the civil rights struggle. But it was Thurgood Marshall, working through the courts to eradicate the legacy of slavery and destroying the racist segregation system of Jim Crow, who had an even more profound and lasting effect on race relations than either of King or X.

It was Marshall who ended legal segregation in the United States. He won Supreme Court victories breaking the color line in housing, transportation and voting, all of which overturned the ‘Separate-but-Equal’ apartheid of American life in the first half of the century. It was Marshall who won the most important legal case of the century, Brown v. Board of Education, ending the legal separation of black and white children in public schools. The success of the Brown case sparked the 1960s civil rights movement, led to the increased number of black high school and college graduates and the incredible rise of the black middle-class in both numbers and political power in the second half of the century.

And it was Marshall, as the nation’s first African-American Supreme Court justice, who promoted affirmative action — preferences, set-asides and other race conscious policies — as the remedy for the damage remaining from the nation’s history of slavery and racial bias. Justice Marshall gave a clear signal that while legal discrimination had ended, there was more to be done to advance educational opportunity for people who had been locked out and to bridge the wide canyon of economic inequity between blacks and whites.

Marshall_man He worked on behalf of black Americans, but built a structure of individual rights that became the cornerstone of protections for all Americans.  He succeeded in creating new protections under law for women, children, prisoners, and the homeless. Their greater claim to full citizenship in the republic over the last century can be directly traced to Marshall. Even the American press had Marshall to thank for an expansion of its liberties during the century.

Marshall’s lifework, then, literally defined the movement of race relations through the century. He rejected King’s peaceful protest as rhetorical fluff that accomplished no permanent change in society. And he rejected Malcolm X’s talk of violent revolution and a separate black nation as racist craziness in a multi-racial society.

The key to Marshall’s work was his conviction that integration — and only integration — would allow equal rights under the law to take hold. Once individual rights were accepted, in Marshall’s mind, then blacks and whites could rise or fall based on their own ability.

Marshall’s deep faith in the power of racial integration came out of a middle class black perspective in turn of the century Baltimore. He was the child of an activist black community that had established its own schools and fought for equal rights from the time of the Civil War. His own family, of an interracial background, had been at the forefront of demands by Baltimore blacks for equal treatment. Out of that unique family and city was born Thurgood Marshall, the architect of American race relations in the twentieth century. Marshall died in 1993.

More here.