Griffin v. School Bd. of Prince Edward Cty.
377 U.S. 218, 12 L. Ed. 2d 256, 1964 U.S. LEXIS 1210 (1964)
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Rule of Law:
A state or locality may not circumvent a federal court's desegregation order by closing its public schools and providing tuition grants or tax credits to support private, segregated schools. Such actions, undertaken to perpetuate racial segregation while public schools in other parts of the state remain open, violate the Equal Protection Clause of the Fourteenth Amendment.
Facts:
- Following court orders to desegregate, the Board of Supervisors of Prince Edward County, Virginia, refused to levy taxes for the 1959-1960 school year, causing all public schools in the county to close.
- Every other county in Virginia continued to operate its public school system.
- A private organization, the Prince Edward School Foundation, was formed to operate private schools exclusively for white children in the county.
- The Virginia General Assembly and the Prince Edward County Board of Supervisors enacted programs providing tuition grants to children attending private schools.
- These state and county grants became a major source of financial support for the private schools attended by white children.
- The County Board of Supervisors also passed an ordinance allowing property tax credits for contributions to private schools in the county.
- As a result of the public school closures and the creation of private, segregated schools, Black children in Prince Edward County were left with no formal education from 1959 to 1963.
Procedural Posture:
- This case began in 1951 as part of the litigation that led to Brown v. Board of Education, filed by Black school children in the U.S. District Court for the Eastern District of Virginia.
- Following Brown II's remand, the U.S. Court of Appeals for the Fourth Circuit in 1959 ordered the District Court to require 'immediate steps' toward desegregation in Prince Edward County.
- In 1961, the plaintiffs filed a supplemental complaint in the District Court to enjoin the closing of public schools and the funding of private segregated schools.
- The District Court enjoined the county from paying tuition grants and giving tax credits while public schools were closed and later held that the schools could not be closed to avoid desegregation.
- The County Board of Supervisors appealed to the U.S. Court of Appeals for the Fourth Circuit.
- The Court of Appeals reversed the District Court, ruling that it should have abstained to allow state courts to decide the issues first.
- The plaintiffs (Griffin et al.) successfully petitioned the U.S. Supreme Court for a writ of certiorari.
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Issue:
Does a county's closing of its public schools and subsequent provision of public funds to support private, segregated schools, for the purpose of avoiding racial integration, violate the Equal Protection Clause of the Fourteenth Amendment when all other counties in the state continue to operate public schools?
Opinions:
Majority - Mr. Justice Black
Yes, the county's actions violate the Equal Protection Clause. While a state has discretion to treat different counties differently, it cannot do so for an unconstitutional purpose. The record is clear that Prince Edward County's public schools were closed and private schools were supported with public funds for one reason only: to prevent white and colored children from attending school together. This differential treatment, motivated by racial discrimination and opposition to desegregation, denies the Black school children of Prince Edward County the equal protection of the laws, especially since children in every other Virginia county have access to public education. The time for 'deliberate speed' has run out, and the District Court has the authority to order the county to levy taxes and reopen the public schools on a desegregated basis.
Concurring in part and dissenting in part - Mr. Justice Clark and Mr. Justice Harlan
While we agree with the Court's opinion in all other respects, we disagree with the specific holding that federal courts are empowered to order the reopening of public schools in Prince Edward County.
Analysis:
This case is a crucial post-Brown v. Board decision that decisively struck down one of the primary strategies of 'massive resistance' to desegregation. The ruling established that states and localities cannot use evasive schemes, such as closing public schools and funding private ones, to maintain segregation. By piercing through the facade of the county's actions to find a discriminatory purpose, the Court significantly strengthened the enforcement power of federal courts in civil rights cases. It signaled an end to the patience implied by the 'all deliberate speed' doctrine and affirmed the judiciary's authority to issue powerful, affirmative injunctions, including ordering local governments to tax and spend, to vindicate constitutional rights.
