Three Pivotal Supreme Court Rulings In The Struggle
for Social Justice In The African American Experience
Brandon Thomas, Opeyemi Ladunni and Vivian Valentin
First Year Seminar 33 | AFR 123 | Dr. Carl Paris
Introduction
The Declaration of Independence clearly states that
all human beings are entitled to life, liberty, and the
pursuit of happiness. Justice is meant to prevent any
actions that may somehow impose on these natural
rights of man. Supreme Court cases that have been
pivotal in the progression of African American
justice are Brown v. Board of Education, Shelley v.
Kraemer, and Loving v. Virginia. Each one
represents an important landmark in the struggle for
justice for the African American community and
remains relevant to this day.
Research Question
What is “Justice” to
African Americans?
Background
Since slavery, African Americans have fought
mightily on both individual and collective fronts
for equality and justice in the land they helped
build. Much of that struggle has taken place in the
courts. Three precedent-setting Supreme Court
rulings shed light on how African Americans have
fought in the areas of education, interracial
marriage and housing . The cases are:
• BROWN V. BOARD OF EDUCATION: The
Court ruled that schools would have to
desegregate their classes;
• LOVING V. VIRGINIA: The Court ruled
miscegenation (interracial marriage) as
unconstitutional;
• SHELLEY V. KRAEMER: The Court ruled that
you cannot constitutionally enforce people of a
certain race from owning and occupying
property.
Conclusions
Details
Brown v. B.O.E.(1954,1955)
Loving v. Virginia (1967)
In 1952, The Supreme Court titled
all cases referring to school
desegregation under Brown v.
Board of Education where several
parents petitioned for better school
opportunities for their children.
In 1958, Robert and Mildred
Loving were arrested because
they were married, which was
illegal at the time because
Robert was white and Mildred
was a Native American and
African-American mix.
Relevance
Brown v. Board of Education
• This case was the backbone for the famous
story of the Little Rock Nine.
• Segregation is in schools and it is evident in
high school dropout and graduation rates.
• A Charleston high school in Mississippi had its
first integrated prom in 2008.
Loving v. Virginia
• The judgment of Loving v Virginia clarifies
that denial of gay marriage is unconstitutional.
• The freedom to marry is a natural right that
cannot be infringed upon by the State.
Shelley v. Kraemer
• Today, long after Shelley v. Kraemer, studies
still find that the higher the percentage of
African Americans in the neighborhood, the
less homes are worth; and that African
Americans have to go through more hurdles to
purchase or secure loans needed to own a
house.
• It brings up questions about the wealth
inequality between races in the U.S. and the
connection between homeownership and
owning land (Forbes).
Shelley v. Kraemer (1948)
In 1945, the petitioners Shelley
were a black couple that bought a
home in St. Louis, Missouri where
30 out of the 39 people who lived
in the neighborhood signed a
restrictive contract saying that no
property could be sold or rented to
Asian and African Americans.
Brown v. B.O.E.:
The Supreme Court handed down two verdicts. In
one case, they decided that in public education the
doctrine of ‘separate but equal’ has no place.
Separate educational facilities are unequal. While
in the latter case, they decided all schools must be
desegregated with deliberate speed.
Loving v. Virginia:
Robert and Mildred Loving escaped to
Washington, D.C. to avoid facing either a year in
jail or 25 years of absolute banishment from
Virginia. In 1963, Mildred, with the help of the
American Civil Liberties Union, challenged the
laws on miscegenation and the result managed to
overturn the limits on interracial marriage in 16
states.
Shelley v. Kraemer:
The Supreme Court ruled that under the 14th
amendment you could not enforce racial barriers
on public real estate. It effectively made residential
segregation laws that were common in those times
unenforceable. Eventually with Title VIII of the
Civil Rights Act of 1968 and statutes in states,
private discrimination in housing was deemed
unenforceable too.
References
● Shelley v. Kraemer (1948). (n.d.). Infoplease. Retrieved November 13, 2013, from
http://www.infoplease.com/us/supreme-court/cases/ar38.html
● 15th Amendment ratified. (n.d.). Welcome To The Black Box, Personal Narratives
in High Definition. Retrieved October 26, 2013, from
http://www.aaregistry.org/historic_events/view/15th-amendment-ratified
● Primary Documents in American History. (n.d.). 15th Amendment to the
Constitution: Primary Documents of American History (Virtual Programs &
Services, Library of Congress). Retrieved October 26, 2013, from
http://www.loc.gov/rr/program/bib/ourdocs/15thamendment.html
● Loving v. Virginia. (1967, April 10). Loving v. Virginia. Retrieved November 13,
2013, from
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0388_0001_ZO.html
● Brown v B.O.E. (!955, May 31) http://www.uscourts.gov/educationalresources/get-involved/federal-court-activities/brown-board-education-reenactment/history.aspx
● Forum, F. (2012, December 10). How Home Ownership Keeps Blacks Poorer
Than Whites. Forbes. Retrieved November 9, 2013, from
http://www.forbes.com/sites/forbesleadershipforum/2012/12/10/how-homeownership-keeps-blacks-poorer-than-whites/