Norwood v. Harrison
413 U.S. 455 (1973)
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Rule of Law:
The Equal Protection Clause of the Fourteenth Amendment prohibits a state from providing tangible financial assistance, such as free textbooks, to private schools that practice racial discrimination, as such aid has the impermissible effect of supporting and facilitating private segregation.
Facts:
- Mississippi established a program in 1940 to purchase and lend textbooks free of charge to all students in grades one through twelve, in both public and private schools.
- Following federal court mandates to desegregate public schools, the number of private schools in Mississippi grew significantly.
- By 1970, there were 155 private non-Catholic schools with an estimated student population of 42,000, virtually all of whom were white.
- Appellants, parents of schoolchildren, alleged that many of these private schools were created to avoid desegregation and excluded students on the basis of race.
- Through its long-standing program, the state of Mississippi provided state-owned textbooks to students attending these racially segregated private academies.
- During the 1970-1971 school year, the state spent approximately $207,000 on textbooks for students in these private schools, plus mailing costs.
Procedural Posture:
- Parents of Mississippi schoolchildren filed a class action lawsuit in the U.S. District Court for the Northern District of Mississippi.
- The plaintiffs sought an injunction to stop state officials from lending textbooks to students in racially discriminatory private schools.
- A three-judge District Court panel dismissed the complaint, ruling that the textbook program was constitutional.
- The plaintiffs (appellants) then filed a direct appeal to the Supreme Court of the United States.
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Issue:
Does a state program that lends free textbooks to students attending racially discriminatory private schools violate the Equal Protection Clause of the Fourteenth Amendment?
Opinions:
Majority - Chief Justice Burger
Yes, a state's provision of free textbooks to students in racially discriminatory private schools constitutes impermissible state aid to segregation and violates the Equal Protection Clause. Free textbooks are a form of significant, tangible financial assistance that inures to the benefit of the private schools themselves by defraying a necessary educational cost. This aid has the effect of facilitating, reinforcing, and supporting the discriminatory practices of these schools, regardless of the state's subjective intent. The Constitution does not permit a state to provide aid that has an impermissible discriminatory effect, even if there is no precise causal link showing the aid is the determinative factor in a school's viability. The 'child benefit' theory from First Amendment Establishment Clause cases is inapplicable because, unlike the free exercise of religion, private racial discrimination is accorded no affirmative constitutional protection. A state's constitutional obligation requires it to steer clear not only of operating a dual school system but also of giving significant aid to institutions that practice invidious discrimination.
Analysis:
This decision significantly clarified the state action doctrine under the Fourteenth Amendment, establishing that even indirect aid to private actors can constitute unconstitutional state support for discrimination. It drew a critical distinction between the standards applied under the Equal Protection Clause and the more permissive standards used for state aid to religious schools under the Establishment Clause. The ruling created a precedent for scrutinizing various forms of state assistance to private entities, focusing on the practical effect of the aid rather than the state's intent. This impacts future cases by requiring courts to look beyond the form of the assistance to its substance, preventing states from using facially neutral programs to indirectly support private segregation.
