The plaintiff, Oliver Brown, has filed a class-action lawsuit against the Topeka Board of Education for denying his daughter entrance to the city’s all white public schools. The denial of Oliver Brown’s daughter, Linda Brown, to the city’s all white schools is a violation of the 14th Amendment. Specifically, this violates the “equal protection clause,” which was created to prevent instances like this from occurring.
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| Hopeful child and guardian sit at outside the US Supreme Court Building after the decision. |
After the civil war, the southern states began attempting and succeeding to pass racist and discriminatory laws against the newly freed slaves in this country. These slaves were real people, and now that the war was over, these states were trying to take back control of their power over these people. This is why Congress took action to pass the 14th Amendment after the war. This amendment was passed to ensure these human beings basic rights. With these people now being citizens, they should be protected like a normal citizen of the United States. Unfortunately, we are still haunted by this country’s past, as we are still fighting the shadow of slavery today. However, we can change this nation forever if the court makes the right decision- the one that is backed by the Constitution.
The plaintiff is arguing that the Board of Education violated the “equal protection clause” in the 14th Amendment. As the Amendment states, “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
The “equal protection clause’s” purpose was intended to stop these state governments from discriminating against African Americans, but here we are fighting it today. While the plaintiff is arguing under the “equal protection clause,” I’d like to expand more on the 14th Amendment. As the Amendment states, “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
The “equal protection clause’s” purpose was intended to stop these state governments from discriminating against African Americans, but here we are fighting it today. This equal protection means that any person in similar conditions would be treated the same. Any person, regardless of race, shall not be denied equal protection of laws. The constitution does not specifically state that education is a fundamental right, but the 14th amendment requires equal protection when state laws are implemented. Therefore, a state government cannot create a public school system that is discriminatory or does not allow certain groups to be enrolled. The Topeka Board of Education is violating this federal protection, as the public school system cannot refuse enrollment to any race under the 14th Amendment.
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| Liberty |
