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What Was the Impact of Segregation Beyond the Black Community?

In Gong Lum v. Rice, 275 U.S. 78 (1927), the United States Supreme Court held that Martha Lum, a Chinese girl living in Mississippi, had no right to an education in a "whites only" public school if a "colored" public school was available to her.

The Legislature is not compelled to provide separate schools for each of the colored races, and unless and until it does provide such schools, and provide for segregation of the other races, such races are entitled to have the benefit of the colored public schools. . . . If the plaintiff desires, she may attend the colored public schools of her district, or, if she does not desire, she may go to a private school. . . . But plaintiff is not entitled to attend a white public school. -- Excerpt from the Mississippi Supreme Court decision upheld in Gong Lum v. Rice

[image:] Photograph of a woman pointing to a large sign hanging above the porch of a home. The sign reads: "JAPS KEEP MOVING THIS IS A WHITE MANS NEIGHBORHOOD." In addition, there is a partially-obscured sign on the left that reads "JAPS KEEP OUT YOU ARE NOT WANTED" Caption: Hollywood, Los Angeles, California, 1923 © Bettmann/CORBIS; reprinted with permission

Focus Questions

1. Many groups in America have faced discrimination for their racial, ethnic, or religious identities. What is the difference between discrimination by private individuals or organizations and segregation enforced by law?

2. Suppose that the education offered at the "colored school" nearest Martha Lum's home had been equal to that offered at the "whites only" school in terms of quantifiable factors (books, physical facilities, teachers, etc.). What harm would Martha Lum have suffered by being denied admission to the "whites only" school?

3. What is the relationship between groups who were subject to official segregation in the years preceding the decision in Brown v. Board and groups who are included in affirmative action policies today? What consequences of segregation are affirmative action policies intended to remedy? When do you think such policies will no longer be necessary?

What Are Acceptable Preferences in College Admissions?

[I]n the national debate on racial discrimination in higher education admissions, much has been made of the fact that elite institutions utilize a so-called "legacy" preference to give the children of alumni an advantage in admissions. . . . The Equal Protection Clause does not, however, prohibit the use of unseemly legacy preferences or many other kinds of arbitrary admissions procedures. What the Equal Protection Clause does prohibit are classifications made on the basis of race. So while legacy preferences can stand under the Constitution, racial discrimination cannot. -- Justice Clarence Thomas, dissenting in Grutter v. Bollinger, No. 02-241 (2003)

Focus Questions

1. Justice Thomas mentions "many other kinds of arbitrary admissions procedures." These include preferences granted to
• children of alumni ("legacies")
• athletes
• students with certain special skills (isncluding musical ability and artistic talent)
• students from other parts of the country, and from rural areas
Why do you think colleges might favor such students?

2. The majority in this case held that the use of race in admissions decisions was permitted under the Equal Protection Clause where the policy resulted in the kinds of educational benefits that flow from a diverse student body. What other kinds of preferences in admissions decisions could be justified on the same basis?

3. How do you think higher education in America would be different if the legislature enacted laws banning legacy preferences and other kinds of preferences? What could be done to make the higher education admissions process become a true meritocracy?

Dialogue on Brown v. Board of Education

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