In each case, Negro children sought admission to public schools attended by white children on a nonsegregated basis. They had been denied admission under laws requiring or permitting segregation by race. In the cases before the Court, there were findings below that the Negro and white schools had been equalized, or were being equalized, as to buildings, curricula, teacher qualifications and salaries, and other tangible factors. The plaintiffs argued that segregated public schools are not equal and cannot be made equal, so the segregation deprived them of equal protection of the laws.
Issue
Does segregation of children in public schools solely on the basis of race deprive minority children of equal educational opportunities in violation of the Equal Protection Clause of the Fourteenth Amendment, even when physical facilities and other tangible factors are equal?
Rule
Where a state undertakes to provide public education, that opportunity must be made available to all on equal terms. In the field of public education, the doctrine of separate but equal has no place because separate educational facilities are inherently unequal.
🔒
See the holding & full analysis
Create a free KwikCourt account to unlock the rest of this brief — and practice the case.
The court's holding and reasoning
Doctrine tests, pitfalls & exam hypotheticals
10 practice questions + 4 AI-graded essays on this case
One of 10 multiple-choice questions for this case. Pick an answer to see why.
The legislature of Franklin adopted a statute allowing school districts to assign elementary students to separate public schools by race. In Dayton, the district maintains one school for Black children and one for white children, and an audit shows the two schools have equal buildings, teacher salaries, transportation, and curriculum.
If Black students challenge the policy under the Fourteenth Amendment, what is the strongest basis for ruling in their favor?
Explanation. The majority held that when a state provides public education, it must make that opportunity available on equal terms. In the field of public education, separate educational facilities are inherently unequal, so the constitutional violation does not depend on showing inferior buildings, salaries, curriculum, or other tangible factors. A statute merely permitting racial segregation still involves state-imposed segregation when the district acts under that authority.