Appellant, a Negro citizen of Oklahoma possessing a master's
degree, was admitted to the Graduate School of the state supported
University of Oklahoma as a candidate for a doctorate in education
and was permitted to use the same classroom, library and cafeteria
as white students. Pursuant to a requirement of state law that the
instruction of Negroes in institutions of higher education be "upon
a segregated basis," however, he was assigned to a seat in the
classroom in a row specified for Negro students, was assigned to a
special table in the library, and, although permitted to eat in the
cafeteria at the same time as other students, was assigned to a
special table there.
Held: the conditions under which appellant is required
to receive his education deprive him of his personal and present
right to the equal protection of the laws, and the Fourteenth
Amendment precludes such differences in treatment by the State
based upon race. Pp.
339 U. S.
638-642.
(a) The restrictions imposed upon appellant impair and inhibit
his ability to study, to engage in discussions and exchange views
with other students, and, in general, to learn his profession. Pp.
339 U. S.
640-641.
(b) That appellant may still be set apart by his fellow students
and may be in no better position when these restrictions are
removed is irrelevant, for there is a constitutional difference
between restrictions imposed by the State which prohibit the
intellectual commingling of students and the refusal of students to
commingle where the State presents no such bar. P.
339 U. S.
641.
(c) Having been admitted to a state supported graduate school,
appellant must receive the same treatment at the hands of the State
as students of other races. P.
339 U. S.
642.
87 F.
Supp. 528 reversed.
The proceedings below are stated in the opinion. The judgment
below is reversed, p.
339 U. S.
642.
Page 339 U. S. 638
MR. CHIEF JUSTICE VINSON delivered the opinion of the Court.
In this case, we are faced with the question whether a state
may, after admitting a student to graduate instruction in its state
university, afford him different treatment from other students
solely because of his race. We decide only this issue;
see
Sweatt v. Painter, ante, p.
339 U. S. 629.
Appellant is a Negro citizen of Oklahoma. Possessing a Master's
degree, he applied for admission to the University of Oklahoma in
order to pursue studies and courses leading to a Doctorate in
Education. At that time, his application was denied, solely because
of his race. The school authorities were required to exclude him by
the Oklahoma statutes, 70 Okl.Stat. (1941) §§ 455, 456, 457, which
made it a misdemeanor to maintain or operate, teach or attend a
school at which both whites and Negroes are enrolled or taught.
Appellant filed a complaint requesting injunctive relief, alleging
that the action of the school authorities and the statutes upon
which their action was based were unconstitutional and deprived
him
Page 339 U. S. 639
of the equal protection of the laws. Citing our decisions in
Missouri ex rel. Gaines v. Canada, 305 U.
S. 337 (1938), and
Sipuel v. Board of Regents,
332 U. S. 631
(1948), a statutory three-judge District Court held,
87 F. Supp.
526, that the State had a constitutional duty to provide him
with the education he sought as soon as it provided that education
for applicants of any other group. It further held that, to the
extent the Oklahoma statutes denied him admission, they were
unconstitutional and void. On the assumption, however, that the
State would follow the constitutional mandate, the court refused to
grant the injunction, retaining jurisdiction of the cause with full
power to issue any necessary and proper orders to secure McLaurin
the equal protection of the laws.
Following this decision, the Oklahoma legislature amended these
statutes to permit the admission of Negroes to institutions of
higher learning attended by white students, in cases where such
institutions offered courses not available in the Negro schools.
The amendment provided, however, that, in such cases the program of
instruction "shall be given at such colleges or institutions of
higher education upon a segregated basis."
* Appellant
Page 339 U. S. 640
was thereupon admitted to the University of Oklahoma Graduate
School. In apparent conformity with the amendment, his admission
was made subject to
"such rules and regulations as to segregation as the President
of the University shall consider to afford Mr. G. W. McLaurin
substantially equal educational opportunities as are afforded to
other persons seeking the same education in the Graduate
College,"
a condition which does not appear to have been withdrawn. Thus,
he was required to sit apart at a designated desk in an anteroom
adjoining the classroom; to sit at a designated desk on the
mezzanine floor of the library, but not to use the desks in the
regular reading room, and to sit at a designated table and to eat
at a different time from the other students in the school
cafeteria.
To remove these conditions, appellant filed a motion to modify
the order and judgment of the District Court. That court held that
such treatment did not violate the provisions of the Fourteenth
Amendment, and denied the motion.
87 F.
Supp. 528. This appeal followed.
In the interval between the decision of the court below and the
hearing in this Court, the treatment afforded appellant was
altered. For some time, the section of the classroom in which
appellant sat was surrounded by a rail on which there was a sign
stating, "Reserved For Colored," but these have been removed. He is
now assigned to a seat in the classroom in a row specified for
colored students; he is assigned to a table in the library on the
main floor, and he is permitted to eat at the same time in the
cafeteria as other students, although here again he is assigned to
a special table.
It is said that the separations imposed by the State in this
case are in form merely nominal. McLaurin uses the same classroom,
library, and cafeteria as students of other races; there is no
indication that the seats to which he is assigned in these rooms
have any disadvantage
Page 339 U. S. 641
of location. He may wait in line in the cafeteria and there
stand and talk with his fellow students, but, while he eats, he
must remain apart.
These restrictions were obviously imposed in order to comply, as
nearly as could be, with the statutory requirements of Oklahoma.
But they signify that the State, in administering the facilities it
affords for professional and graduate study, sets McLaurin apart
from the other students. The result is that appellant is
handicapped in his pursuit of effective graduate instruction. Such
restrictions impair and inhibit his ability to study, to engage in
discussions and exchange views with other students, and, in
general, to learn his profession.
Our society grows increasingly complex, and our need for trained
leaders increases correspondingly. Appellant's case represents
perhaps the epitome of that need, for he is attempting to obtain an
advanced degree in education, to become, by definition, a leader
and trainer of others. Those who will come under his guidance and
influence must be directly affected by the education he receives.
Their own education and development will necessarily suffer to the
extent that his training is unequal to that of his classmates.
State-imposed restrictions which produce such inequalities cannot
be sustained.
It may be argued that appellant will be in no better position
when these restrictions are removed, for he may still be set apart
by his fellow students. This we think irrelevant. There is a vast
difference -- a Constitutional difference -- between restrictions
imposed by the state which prohibit the intellectual commingling of
students and the refusal of individuals to commingle where the
state presents no such bar.
Shelley v. Kraemer,
334 U. S. 1,
334 U. S. 13-14
(1948). The removal of the state restrictions will not necessarily
abate individual and group predilections, prejudices, and choices.
But, at the very least, the state will not be depriving appellant
of the opportunity
Page 339 U. S. 642
to secure acceptance by his fellow students on his own
merits.
We conclude that the conditions under which this appellant is
required to receive his education deprive him of his personal and
present right to the equal protection of the laws.
See Sweatt
v. Painter, ante, p.
339 U. S. 629. We
hold that, under these circumstances, the Fourteenth Amendment
precludes differences in treatment by the state based upon race.
Appellant, having been admitted to a state-supported graduate
school, must receive the same treatment at the hands of the state
as students of other races. The judgment is
Reversed.
* The amendment adds the following proviso to each of the
sections relating to mixed schools:
"Provided, that the provisions of this Section shall not apply
to programs of instruction leading to a particular degree given at
State owned or operated colleges or institutions of higher
education of this State established for and/or used by the white
race where such programs of instruction leading to a particular
degree are not given at colleges or institutions of higher
education of this State established for and/or used by the colored
race; provided further, that said programs of instruction leading
to a particular degree shall be given at such colleges or
institutions of higher education upon a segregated basis."
70 Okla.Stat.Ann. (1950) §§ 455, 456, 457. Segregated basis is
defined as "classroom instruction given in separate classrooms, or
at separate times."
Id., § 455.