brown board education argued december decided may segregation white negro children public schools state solely basis race pursuant state laws permitting requiring segregation denies negro children equal protection laws guaranteed fourteenth amendment even though physical facilities tangible factors white negro schools may equal pp history fourteenth amendment inconclusive intended effect public education pp question presented cases must determined basis conditions existing fourteenth amendment adopted light full development public education present place american life throughout nation pp state undertaken provide opportunity education public schools opportunity right must made available equal terms segregation children public schools solely basis race deprives children minority group equal educational opportunities even though physical facilities tangible factors may equal pp separate equal doctrine adopted plessy ferguson place field public education cases restored docket argument specified questions relating forms decrees pp together briggs et al elliott et appeal district eastern district south carolina argued december reargued december davis et al county school board prince edward county virginia et appeal district eastern district virginia argued december reargued december gebhart et al belton et certiorari delaware argued december reargued december robert carter argued cause appellants original argument reargument thurgood marshall argued cause appellants original argument spottswood robinson iii appellants original argument argued causes appellants nos reargument louis redding jack greenberg argued cause respondents original argument jack greenberg thurgood marshall reargument briefs robert carter thurgood marshall spottswood robinson iii louis redding jack greenberg george hayes william ming constance baker motley james nabrit charles scott frank reeves harold boulware oliver hill appellants nos respondents george johnson appellants nos loren miller appellants nos arthur shores walden statement jurisdiction brief opposing motion dismiss affirm paul wilson assistant attorney general kansas argued cause appellees original argument reargument briefs harold fatzer attorney general john davis argued cause appellees original argument appellees nos reargument briefs callison attorney general south carolina robert mcc figg rogers william meagher taggart whipple lindsay almond attorney general virginia justin moore argued cause appellees original argument appellees nos reargument briefs lindsay almond attorney general henry wickham special assistant attorney general state virginia justin moore archibald robertson john riely justin moore prince edward county school authorities appellees albert young attorney general delaware argued cause petitioners original argument reargument briefs louis finger special deputy attorney general special leave assistant attorney general rankin argued cause reargument amicus curiae urging reversal nos affirmance brief attorney general brownell philip elman leon ulman william lamont magdelena schoch james mcgranery attorney general philip elman filed brief original argument amicus curiae urging reversal nos affirmance briefs amici curiae supporting appellants filed shad polier maslow joseph robison american jewish congress edwin lukas arnold forster arthur garfield hays frank karelsen leonard haas saburo kido theodore leskes american civil liberties union et al john ligtenberg selma borchardt american federation teachers briefs amici curiae supporting appellants respondents filed arthur goldberg thomas harris congress industrial organizations phineas indritz american veterans committee chief justice warren delivered opinion cases come us kansas south carolina virginia delaware premised different facts different local conditions common legal question justifies consideration together consolidated opinion cases minors negro race legal representatives seek aid courts obtaining admission public schools community nonsegregated basis instance denied admission schools attended white children laws requiring permitting segregation according race segregation alleged deprive plaintiffs equal protection laws fourteenth amendment cases delaware case federal district denied relief plaintiffs separate equal doctrine announced plessy ferguson doctrine equality treatment accorded races provided substantially equal facilities even though facilities separate delaware case delaware adhered doctrine ordered plaintiffs admitted white schools superiority negro schools plaintiffs contend segregated public schools equal made equal hence deprived equal protection laws obvious importance question presented took jurisdiction argument heard term reargument heard term certain questions propounded reargument largely devoted circumstances surrounding adoption fourteenth amendment covered exhaustively consideration amendment congress ratification existing practices racial segregation views proponents opponents amendment discussion investigation convince us although sources cast light enough resolve problem faced best inconclusive avid proponents amendments undoubtedly intended remove legal distinctions among persons born naturalized opponents certainly antagonistic letter spirit amendments wished limited effect others congress state legislatures mind determined degree certainty additional reason inconclusive nature amendment history respect segregated schools status public education time south movement toward free common schools supported general taxation yet taken hold education white children largely hands private groups education negroes almost nonexistent practically race illiterate fact education negroes forbidden law today contrast many negroes achieved outstanding success arts sciences well business professional world true public school education time amendment advanced north effect amendment northern generally ignored congressional debates even north conditions public education approximate existing today curriculum usually rudimentary ungraded schools common rural areas school term three months year many compulsory school attendance virtually unknown consequence surprising little history fourteenth amendment relating intended effect public education first cases construing fourteenth amendment decided shortly adoption interpreted proscribing discriminations negro race doctrine separate equal make appearance case plessy ferguson supra involving education transportation american courts since labored doctrine half century six cases involving separate equal doctrine field public education cumming county board education gong lum rice validity doctrine challenged recent cases graduate school level inequality found specific benefits enjoyed white students denied negro students educational qualifications missouri ex rel gaines canada sipuel oklahoma sweatt painter mclaurin oklahoma state regents none cases necessary doctrine grant relief negro plaintiff sweatt painter supra expressly reserved decision question whether plessy ferguson held inapplicable public education instant cases question directly presented unlike sweatt painter findings negro white schools involved equalized equalized respect buildings curricula qualifications salaries teachers tangible factors decision therefore turn merely comparison tangible factors negro white schools involved cases must look instead effect segregation public education approaching problem turn clock back amendment adopted even plessy ferguson written must consider public education light full development present place american life throughout nation way determined segregation public schools deprives plaintiffs equal protection laws today education perhaps important function state local governments compulsory school attendance laws great expenditures education demonstrate recognition importance education democratic society required performance basic public responsibilities even service armed forces foundation good citizenship today principal instrument awakening child cultural values preparing later professional training helping adjust normally environment days doubtful child may reasonably expected succeed life denied opportunity education opportunity state undertaken provide right must made available equal terms come question presented segregation children public schools solely basis race even though physical facilities tangible factors may equal deprive children minority group equal educational opportunities believe sweatt painter supra finding segregated law school negroes provide equal educational opportunities relied large part qualities incapable objective measurement make greatness law school mclaurin oklahoma state regents supra requiring negro admitted white graduate school treated like students resorted intangible considerations ability study engage discussions exchange views students general learn profession considerations apply added force children grade high schools separate others similar age qualifications solely race generates feeling inferiority status community may affect hearts minds way unlikely ever undone effect separation educational opportunities well stated finding kansas case nevertheless felt compelled rule negro plaintiffs segregation white colored children public schools detrimental effect upon colored children impact greater sanction law policy separating races usually interpreted denoting inferiority negro group sense inferiority affects motivation child learn segregation sanction law therefore tendency retard educational mental development negro children deprive benefits receive racial ly integrated school system conclude field public education doctrine separate equal place separate educational facilities inherently unequal therefore hold plaintiffs others similarly situated actions brought reason segregation complained deprived equal protection laws guaranteed fourteenth amendment disposition makes unnecessary discussion whether segregation also violates due process clause fourteenth amendment class actions wide applicability decision great variety local conditions formulation decrees cases presents problems considerable complexity reargument consideration appropriate relief necessarily subordinated primary question constitutionality segregation public education announced segregation denial equal protection laws order may full assistance parties formulating decrees cases restored docket parties requested present argument questions previously propounded reargument term attorney general invited participate attorneys general requiring permitting segregation public education also permitted appear amici curiae upon request september submission briefs october ordered footnotes attorney general participated terms amicus curiae general study development public education prior amendment see butts cremin history education american culture pts ii cubberley public education ed cc school practices current time adoption fourteenth amendment described butts cremin supra cubberley supra knight public education south cc viii ix see also ex doc sess although demand free public schools followed substantially pattern north south development south begin gain momentum twenty years north reasons somewhat slower development south rural character south different regional attitudes toward state assistance well explained cubberley supra country whole particularly south war virtually stopped progress public education low status negro education sections country immediately war described beale history freedom teaching american schools compulsory school attendance laws generally adopted ratification fourteenth amendment laws force cubberley supra cases wall strauder west virginia ordains state shall deprive person life liberty property without due process law deny person within jurisdiction equal protection laws declaring law shall black white persons whether colored white shall stand equal laws regard colored race whose protection amendment primarily designed discrimination shall made law color words amendment true prohibitory contain necessary implication positive immunity right valuable colored race right exemption unfriendly legislation distinctively colored exemption legal discriminations implying inferiority civil society lessening security enjoyment rights others enjoy discriminations steps towards reducing condition subject race see also virginia rives ex parte virginia doctrine apparently originated roberts city boston mass upholding school segregation attack violative state constitutional guarantee equality segregation boston public schools eliminated mass acts elsewhere north segregation public education persisted communities recent years apparent segregation long nationwide problem merely one sectional concern see also berea college kentucky cumming case negro taxpayers sought injunction requiring defendant school board discontinue operation high school white children board resumed operation high school negro children similarly gong lum case plaintiff child chinese descent contended state authorities misapplied doctrine classifying negro children requiring attend negro school kansas case found substantial equality factors supp south carolina case found defendants proceeding promptly good faith comply decree supp virginia case noted equalization program already afoot progressing supp since advised virginia attorney general brief reargument program completed delaware case similarly noted state equalization program well way similar finding made delaware case conclude testimony delaware society segregation education results negro children class receiving educational opportunities substantially inferior available white children otherwise similarly situated clark effect prejudice discrimination personality development midcentury white house conference children youth witmer kotinsky personality making vi deutscher chein psychological effects enforced segregation survey social science opinion psychol chein psychological effects segregation conditions equal facilities int opinion attitude res brameld educational costs discrimination national welfare maciver frazier negro see generally myrdal american dilemma see bolling sharpe post concerning due process clause fifth amendment assuming decided segregation public schools violates fourteenth amendment decree necessarily follow providing within limits set normal geographic school districting negro children forthwith admitted schools choice may exercise equity powers permit effective gradual adjustment brought existing segregated systems system based color distinctions assumption questions based assuming exercise equity powers end described question formulate detailed decrees cases specific issues decrees reach appoint special master hear evidence view recommending specific terms decrees remand courts first instance directions frame decrees cases general directions decrees include procedures courts first instance follow arriving specific terms detailed decrees see rule revised rules effective july