Missouri ex rel. Gaines v. Canada

305 U.S. 337 (1938), argued 9 Nov. 1938, decided 12 Dec. 1938 by vote of 6 to 2; Hughes for the Court, McReynolds, joined by Butler, in dissent, Cardozo had died.

This case provided an early test in the campaign, launched by the National Association for the Advancement of Colored People in 1930, to challenge the separate but equal principle that required racial segregation in public educational institutions. Lloyd L. Gaines, an African‐American resident, sought admission to Missouri's all‐white law school in the absence of a facility for blacks. Predictably, the University of Missouri denied Gaines's application on racial grounds and state courts upheld the denial. Gaines's attorney, Charles H. Houston, then sought from the U.S. Supreme Court a writ of mandamus to compel Gaines's admission to the all‐white law school, and the Supreme Court granted certiorari.

Chief Justice Charles Evans Hughes, for the majority, ordered Gaines admitted to the all‐white facility, dismissing the state's offer to pay Gaines's tuition to an out of state law school as inadequate to the requirements of the Equal Protection Clause of the Fourteenth Amendment. Nor was Hughes persuaded that Missouri's stated intention to develop a law school for blacks at state‐supported Lincoln University would meet the separate but equal test.

The Gaines case thus became a pivotal event in the NAACP's campaign to overturn the separate but equal standard. While the Court did not repudiate segregation, the case signaled a new urgency in evaluating the standard. As for Lloyd Gaines, he never enrolled in law school. Shortly after the Court rendered its opinion, he disappeared, never to be heard from again.

See also Race and Racism.

— Augustus M. Burns III

Missouri Ex Rel Gaines v. Canada, 305 U.S 337 (1938). Gaines was the first major victory won in the U.S. Supreme Court by the National Association for the Advancement of Colored People in its campaign against racial segregation in public education. In a 6-2 decision, Chief Justice Charles Evans Hughes struck down a Missouri scheme whereby the state excluded African Americans from its state university's law school and paid their tuition to attend a public law school in a contiguous state. (There was no law school at Lincoln University, the state's black public college.) Hughes held that this violated the Fourteenth Amendment's guarantee of equal protection of the law. While Gaines did not question the separate-but-equal doctrine of Plessy v. Ferguson (1896), it was the first case in which the Court refused to accept segregation and exclusion in public universities. The Court left states the option of creating segregated professional and graduate schools, but in Sweatt v. Painter (1950), it also foreclosed that possibility, holding that such schools failed to provide true equality for their prospective students. After Brown v. Board of Education I (1954) held segregated public education unconstitutional per se, it became apparent that Gaines had marked the beginning of segregation's downfall at all levels of public schooling.

Bibliography

Kluger, Richard. Simple Justice: The History of Brown v. Board of Education and Black America's Struggle for Equality. New York: Random House, 1975.

Missouri ex rel. Gaines v. Canada
Supreme Court of the United States
Argued November 9, 1938 Decided December 12, 1938
Full case name	State of Missouri ex rel. Gaines v. Canada, Registrar of the University of Missouri, et al.
Citations	305 U.S. 337 (more) 59 S. Ct. 232; 83 L. Ed. 208; 1938 U.S. LEXIS 440
Prior history	The Circuit Court denied the writ. The Missouri Supreme Court upheld the judgment against Gaines, 113 S. W.2d 783.
Subsequent history	Remanded to lower courts
Holding
States that provide only one educational institution must allow blacks and whites to attend if there is no separate school for blacks.
Court membership
Chief Justice Charles E. Hughes Associate Justices James C. McReynolds · Louis Brandeis Pierce Butler · Harlan F. Stone Owen J. Roberts · Benjamin N. Cardozo Hugo Black · Stanley F. Reed
Case opinions
Majority	Hughes, joined by Brandeis, Stone, Roberts, Black, Reed
Dissent	McReynolds, joined by Butler
Laws applied
U.S. Const. amend. XIV

Missouri ex rel. Gaines v. Canada, 305 U.S. 337 (1938)^[1], was a United States Supreme Court decision holding that states that provide a school to white students must provide in-state education to blacks as well. States can satisfy this requirement by allowing blacks and whites to attend the same school or creating a second school for blacks.

Contents 1 Facts 2 Result 3 Analysis 4 See also 5 External links

Facts

The Law School at the University of Missouri refused admission to Lloyd Gaines because he was an African-American. Currently there was no Law School specifically for African-Americans. Gaines cited that this refusal violated his Fourteenth Amendment right. The state of Missouri had offered to pay for Gaines’ tuition at an adjacent state’s law school, which he turned down.

Result

Writing for the majority, Chief Justice Hughes held that when the state provides legal training, it must provide it to every qualified person to satisfy equal protection. It cannot send them to other states, nor can it condition that training for one group of people (such as blacks) on levels of demand from that group. Key to the court’s conclusion was that there was no provision for legal education of blacks in Missouri, which is where Missouri law guaranteeing equal protection applies. To the court, sending Gaines to another state would have been irrelevant. McReynolds's dissent emphasized a body of case law with sweeping statements about state control of education before suggesting the possibility that—despite the majority opinion—Missouri couldn't still deny Gaines admission.

Analysis

This decision does not quite strike down separate but equal education as upheld in Plessy v. Ferguson (1896). Instead, it provides that if there is only a single school, students of all races are eligible for admission, thereby striking down segregation by exclusion where the government provides just one school. Though this case didn’t go as far as Brown v. Board of Education (1954) would, it was a step in that direction.

This decision is very significant because it marks the beginning of the Supreme Court's reconsideration of the “separate but equal” standard made by the Plessy decision in 1896. This case was brought to suite by the NAACP on behalf of Lloyd Gaines, and aimed to test the constitutionality of segregation. It must be noted that in this case the Supreme did not overturn Plessy v. Ferguson or violate the "separate but equal" precedents, but began to concede the difficulty, and near impossibility, of a state maintaining segregated black and white institutions which could ever be truly equal. Therefore, it can be said that this case helped forge the legal framework for the U.S. Supreme Court's landmark 1954 decision, Brown v. Board of Education, which banned segregation in public schools.

Despite the initial victory claimed by the NAACP, after the Supreme Court had ruled in Gaines favor and ordered the Missouri Supreme Court to reconsider this case, Gaines was nowhere to be found. When the University of Missouri soon after moved to dismiss the case, the NAACP did not oppose the motion.

See also

• List of United States Supreme Court Cases
• Civil Rights Cases
• Sipuel v. Board of Regents of Univ. of Okla. - 332 U.S. 631 (1948)
• Sweatt v. Painter - 339 U.S. 629 (1950)
• Brown v. Board of Education of Topeka - 347 U.S. 483 (1954)
• Timeline of the American Civil Rights Movement

External links

• ^ Text of Missouri ex rel. Gaines v. Canada, 305 U.S. 337 (1938) is available from:  · Enfacto · Findlaw

• A profile of Gaines' attorney, Charles Hamilton Houston, and the Gaines case
• PBS's case page in their history of segregation

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