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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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The opinion in Brown relied on a number of constitutional theories

Customer Question

The opinion in Brown relied on a number of constitutional theories and historical facts to arrive at the decision that segregated schools were unconstitutional. Briefly describe what these laws and facts were, and tell me what do you think is the most important part of the decision in Brown and why you think so
Submitted: 5 years ago.
Category: Legal
Expert:  Dwayne B. replied 5 years ago.
Black children were denied admission to public schools attended by white children under laws requiring or permitting segregation according to the races. The white and black schools approached equality in terms of buildings, curricula, qualifications, and teacher salaries.

The most important question in the case was whether segregation of children in public schools solely on the basis of race deprive the minority children of the equal protection of the laws guaranteed by the 14th Amendment?

The most important part of the decision was that separattion according to race is inherently not equal. Despite the equalization of the schools by "objective" factors such as teachers, facilities, and funding, intangible issues foster and maintain inequality. Racial segregation in public education has a detrimental effect on minority children because it is viewed and interpreted by society as a sign of inferiority. The long-held doctrine that separate facilities were permissible provided they were equal was rejected. Separate but equal is inherently unequal in the context of public education. This opinion, which was unanimous, was the final straw in breaking the back of all forms of state sanctioned and maintained racial separation.

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