14th Amendment Equal Protectio

Precedent:: Brown vs. Board of Education (1954)

Subsequent Cases: Loving vs. Virginia (1967)

In the early 1950’s, racial segregation in public schools was typical across America. All schools in a given district were supposed to be equal; yet, most black schools were substandard in comparison to white schools. In Topeka, Kansas, a black girl named Linda Brown traveled further to attend her black elementary school, even though a white elementary school was nearer to her home. Her father, Oliver Brown, tried to enroll her in the white elementary school nearby, yet, Linda was refused admission. Oliver Brown turned to the NAACP (National Association for the Advancement of Colored People) for help. In numerous attempts to ensure equal opportunities for all children, the NAACP gathered members and other black parents who agreed to serve as plaintiffs, resulting in a class action suit filed against the Board of Education of Topeka Public Schools. The U.S. District Court of Kansas heard Brown’s case in June of 1951. The NAACP argued that segregated schools were unequal. The Board of Education stated that segregated schools simply prepared blac

In the case of Evans vs. Newton in 1966, a tract of land was willed in trust to the Mayor and City Council of Macon, Georgia as a park for “white” people to be controlled by a “white” board of managers. The city eventually desegregated the park, causing the “white” board of managers to file a suit in the state court against the city, asking for the city’s removal as trustee, since the city could not legally enforce racial segregation as stated in the will. The board of managers asked the court for the appointment of private trustees to enforce the racial limitations of the will. The Georgia Supreme Court recognized that the testator had a right to leave his property to a limited class, and that charitable trusts are subject to the supervision of equity in court, which could appoint new trustees to avoid failure of the trust. In this case, if the park remains a park and the state controlled and maintained the park for many years it is subject to the equal protection requirements of the 14th Amendment. However, if the white board members remove the park from the public domain, they may enforce racial limitations. This case established that an individual or a private group of individuals that do not carry on functions that are government in nature

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