Mendez v. Westminster | |
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Court | United States Court of Appeals for the Ninth Circuit |
Full case name | Mendez et al. v. Westminster School Dist. of Orange County et al. |
Argued | February 18, 1946 |
Decided | April 14, 1947 |
Citation | 161 F.2d 774 (9th Cir. 1947) |
Case history | |
Prior history | 64 F.Supp. 544 (C.D. Cal. 1946) |
Court membership | |
Judges sitting | Francis Arthur Garrecht, William Denman, Clifton Mathews, Albert Lee Stephens Sr., William Healy, William Edwin Orr |
Laws applied | |
U.S. Const. amend. XIV Section 1 of Article IX of the Constitution of California Cal. Ed. Code §§ 8002-8004, 8251, 8501, 10051, 16004, 16005 |
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Chicanos and Mexican Americans |
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Mendez, et al v. Westminister [sic] School District of Orange County, et al, 64 F.Supp. 544 (S.D. Cal. 1946), [1] aff'd, 161 F.2d 774 (9th Cir. 1947) (en banc), [2] was a 1947 federal court case that challenged Mexican remedial schools in four districts in Orange County, California. In its ruling, the United States Court of Appeals for the Ninth Circuit, in an en banc decision, held that the forced segregation of Mexican American students into separate "Mexican schools" was unconstitutional because as US District Court Judge Paul J. McCormick stated, "The evidence clearly shows that Spanish-speaking children are retarded in learning English by lack of exposure to its use because of segregation, and that commingling of the entire student body instills and develops a common cultural attitude among the school children which is imperative for the perpetuation of American institutions and ideals."
Mexican Americans, who were then considered to be white, were unaffected by legal segregation and normally attended segregated white schools. The Mendez family, who previously went to white schools without problems, suddenly found their children forced into separate "Schools for Mexicans" when they came to Westminster, even though that was not the norm and it was not legally sanctioned by the state. Starting in the 1940s, some school districts began to establish separate language-based remedial schools, arguing that Mexican children had special needs because they were Spanish speakers. The schools existed only for elementary children (K-4) and were intended to prepare them for mainstream schools. Since many districts began arbitrarily forcing Mexican elementary school children into "Mexican Schools" irrespective of language ability, it became a form of unlawful discrimination that was superficially similar to legalized racial segregation.
Five Mexican American fathers (Thomas Estrada, William Guzman, Gonzalo Mendez, Frank Palomino, and Lorenzo Ramirez) challenged the practice of Mexican school segregation in the United States District Court for the Central District of California, in Los Angeles. They claimed that their children, along with 5,000 other children of "Mexican" ancestry, were victims of unconstitutional discrimination by being forced to attend separate "schools for Mexicans" in the Westminster, Garden Grove, Santa Ana, and El Modena school districts of Orange County. Mexicans were not in separate schools elsewhere in California.
Soledad Vidaurri went to the Westminster Elementary School District to enroll her children and those of her brother Gonzalo Mendez: Gonzalo, Geronimo, and Sylvia. The Westminster School informed Vidaurri that her children could be admitted to the school. However, Gonzalo, Geronimo, and Sylvia could not be admitted on the basis of their skin color. (Vidaurri's children had light complexions and Basque surnames and so would not be segregated into a different school.) Upon hearing the news, Vidaurri refused to admit her children to the school if her brother's children were not admitted as well. The parents, Gonzalo and Felicitas Mendez, tried to arrange for Geronimo, Gonzalo, and Sylvia to attend the school by talking to the school administration, but both parties were not able to reach an agreement.
Gonzalo dedicated the next year to a lawsuit against the Westminster School District of Orange County. The school district offered to compromise by allowing the Mendez children to attend the elementary school without any other students of Mexican-American descent.
The Mendez family declined the offer and continued the lawsuit. The Mendez family believed in helping out the entire Mexican community, instead of a handful of children. The Mendez family covered most of the expenses for the various witnesses that would be present in the case. [3]
The plaintiffs were represented by established Jewish American civil rights attorney David Marcus. Funding for the lawsuit was primarily paid for initially by the lead plaintiff Gonzalo Mendez, who began the lawsuit when his three children were denied admission to their local Westminster school. [4]
Senior District Judge Paul J. McCormick, sitting in Los Angeles, presided at the trial and ruled in favor of Mendez and his co-plaintiffs on February 18, 1946 in finding that separate schools for Mexicans to be an unconstitutional denial of equal protection. [5] The school district appealed to the Ninth Federal Circuit Court of Appeals in San Francisco, which upheld Judge McCormick's decision, finding that the segregation practices violated the Fourteenth Amendment. Although the case was a victory for the families affected, it was narrowly focused on the small number of Mexican remedial schools in question and did not challenge legal race segregation in California or elsewhere. After Mendez, racial minorities were still subject to legal segregation in schools and public places.
Governor Earl Warren, who would later become Chief Justice of the United States, signed the Anderson Bill in 1947 outlawing segregation only where it was not legal. At the time California had state laws sanctioning segregation of Native Americans and Asians, and that was eliminated because there were no federal laws that allowed for that. The Anderson bill did not end legal segregation for black people in California since that was federally legal.
Several organizations joined the appellate case as amicus curiae, including the NAACP, represented by Thurgood Marshall and Robert L. Carter [6] and the Japanese American Citizens League (JACL). More than a year later, on April 14, 1947, the United States Court of Appeals for the Ninth Circuit affirmed the district court's ruling but not on equal protection grounds. It did not challenge the "separate but equal" interpretation of the Fourteenth Amendment that had been announced by the Supreme Court in Plessy v. Ferguson in 1896. Instead, the Ninth Circuit held that the segregation was not racially based, but it had been implemented by the school districts without being specifically authorized by state law, and it was thus impermissible irrespective of Plessy. [7]
Although there is no data to substantiate the prevalence of separate education for Spanish speakers before and after Mendez, according to a working paper published by the National Bureau of Economic Research by Francisca M. Antman and Kalena Cortes, Mexican American students who started schooling after the case went into effect were in school an average of 0.9 years longer, and were 19.4% more likely to graduate high school than those students who started schooling pre-Mendez. [8] Suggesting that placing students in these separate "Mexican Schools" was having a major effect on their graduation rate, and the decision in the case of Mendez v. Westminster made a positive change.
George L. Sanchez, who served as an expert witness in the case, was asked if the Mendez decision could have any influence on Brown v. Board of Education , and he exclaimed "No, there could be no connection!". Unlike Brown, Mendez never sought to challenge legal segregation in itself. The overriding issue in Mendez was that Mexicans were white children who were being arbitrarily segregated from other whites in the absence of any state or federal law for their alleged language handicap. "Does the present case attack Negro segregation where there is no law decreeing such segregation? Only in such a case would we be concerned." Since segregation for African-American children was legal, that was not of their concern in Mendez, and made the cases ultimately unrelated. [9]
On December 8, 1997, the Santa Ana Unified School District dedicated the Gonzalo and Felicitas Mendez Intermediate Fundamental School in Santa Ana, California.
In 2003, writer/producer Sandra Robbie received an Emmy Award for her documentary Mendez vs. Westminster: For All the Children / Para Todos los Niños.
On September 14, 2007, the US Postal Service honored the 60th anniversary of the ruling with a 41-cent commemorative stamp. [10] On November 15, 2007, it presented the Mendez v. Westminster stamp to the Mendez family, at a press conference at the Rose Center Theater in Westminster, California.
In September 2009, Felicitas and Gonzalo Mendez High School opened in Boyle Heights. The school was named after Felicitas and Gonzalo Mendez, parents of American civil rights activist Sylvia Mendez, who played an instrumental role in the case.
On October 14, 2009, Chapman University's Leatherby Libraries dedicated the Mendez et al v. Westminster et al Group Study Room and a collection of documents, video and other items relating to the landmark desegregation case. Chapman also owns the last standing Mexican school building from the segregation era in Orange County.
On February 15, 2011, President Barack Obama awarded the Presidential Medal of Freedom to Sylvia Mendez, [11] the daughter of Gonzalo Mendez, the lead plaintiff in the lawsuit. She, along with her two brothers, Gonzalo, Jr. and Jerome, were some of the Mexican-American students who were denied admission to their local Westminster school, which formed the basis for the suit. Sylvia was awarded the honor for her many years of work encouraging students to stay in school and to ensure that the importance of Mendez v. Westminster in American history will not be forgotten. [4] [12]
In September 2011, the Museum of Teaching and Learning (MOTAL), in partnership with a half-dozen government agencies and universities, opened a nine-month exhibition about the case at the Old Orange County Courthouse in Santa Ana, California. The exhibition, for which the team won a 2013 Award of Merit from the American Association for State and Local History, continues to travel to other locations to educate the public, both adults and students, about the details around this landmark case.
Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), was a landmark decision of the U.S. Supreme Court that ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segregated schools are otherwise equal in quality. The decision partially overruled the Court's 1896 decision Plessy v. Ferguson, which had held that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality, a doctrine that had come to be known as "separate but equal". The Court's unanimous decision in Brown, and its related cases, paved the way for integration and was a major victory of the civil rights movement, and a model for many future impact litigation cases.
Desegregation busing was an attempt to diversify the racial make-up of schools in the United States by sending students to school districts other than their own. While the 1954 U.S. Supreme Court landmark decision in Brown v. Board of Education declared racial segregation in public schools unconstitutional, many American schools continued to remain largely racially homogeneous. In an effort to address the ongoing de facto segregation in schools, the 1971 Supreme Court decision, Swann v. Charlotte-Mecklenburg Board of Education, ruled that the federal courts could use busing as a further integration tool to achieve racial balance.
Briggs v. Elliott, 342 U.S. 350 (1952), on appeal from the U.S. District Court for the Eastern District of South Carolina, challenged school segregation in Summerton, South Carolina. It was the first of the five cases combined into Brown v. Board of Education (1954), the famous case in which the U.S. Supreme Court declared racial segregation in public schools to be unconstitutional by violating the Fourteenth Amendment's Equal Protection Clause. Following the Brown decision, the district court issued a decree that struck down the school segregation law in South Carolina as unconstitutional and required the state's schools to integrate. Harry and Eliza Briggs, Reverend Joseph A. DeLaine, and Levi Pearson were awarded Congressional Gold Medals posthumously in 2003.
Gustavo "Gus" C. Garcia was an American civil rights attorney. Garcia worked with fellow attorney Carlos Cadena in the landmark case Hernández v. Texas (1954), arguing before the US Supreme Court for the end of a practice of systematic exclusion of Hispanics from jury service in Jackson County, Texas. Even though Mexican Americans composed more than 10% of the county's population, no person of Mexican ancestry had served on a jury there and in 70 other Texas counties in over 25 years. The high court, led by Chief Justice Earl Warren, ruled that United States citizens could not be excluded from jury duty based on national origin, because such exclusion denied the accused a jury of his peers.
Sylvia Mendez is an American civil rights activist and retired nurse. At age eight, she played an instrumental role in the Mendez v. Westminster case, the landmark desegregation case of 1946. The case successfully ended de jure segregation in California and paved the way for integration and the American civil rights movement.
Green v. County School Board of New Kent County, 391 U.S. 430 (1968), was an important United States Supreme Court case involving school desegregation. Specifically, the Court dealt with the freedom of choice plans created to avoid compliance with the Supreme Court's mandate in Brown II in 1955. The Court held unanimously that New Kent County's freedom of choice plan did not adequately comply with the school board's responsibility to determine a system of admission to public schools on a non-racial basis. The Supreme Court mandated that the school board must formulate new plans and steps towards realistically converting to a desegregated system. Green v. County School Board of New Kent County was a follow-up of Brown v. Board of Education.
The Lemon Grove Case, commonly known as the Lemon Grove Incident, was the United States' first successful school desegregation case. The incident occurred in 1930 and 1931 in Lemon Grove, California, where the local school board attempted to build a separate school for children of Mexican origin. On March 30, 1931, the San Diego County Superior Court ruled that the local school board's attempt to segregate 75 Mexican and Mexican American elementary school children was a violation of California state laws because ethnic Mexicans were considered White under the state's Education Code. Although often overlooked in the history of school desegregation, the Lemon Grove Case is increasingly heralded as the first victory over segregative educational practices and as a testimony to the Mexican immigrant parents who effectively utilized the U.S. legal system to protect their children's rights.
Mendez vs. Westminster: For All the Children/Para Todos los Niños is a 2003 American documentary film written, directed, and produced by Sandra Robbie. The film features Sylvia Mendez, Robert L. Carter, and others.
The League of United Latin American Citizens (LULAC) is the largest and oldest Hispanic and Latin-American civil rights organization in the United States. It was established on February 17, 1929, in Corpus Christi, Texas, largely by Hispanics returning from World War I who sought to end ethnic discrimination against Latinos in the United States. The goal of LULAC is to advance the economic condition, educational attainment, political influence, housing, health, and civil rights of Hispanic people in the United States. LULAC uses nationwide councils and group community organizations to achieve all these goals. LULAC has about 132,000 members in the United States.
The Westminster School District (WSD) is an elementary school district in Orange County, California, established in 1872 and headquartered in Westminster. It operates schools in Westminster, Garden Grove, Huntington Beach, and Midway City.
Felicitas and Gonzalo Mendez High School is a public high school in the Boyle Heights neighborhood of Los Angeles, California, United States. It is also known as Felicitas and Gonzalo Mendez Learning Center.
Felicitas Gómez Martínez de Méndez was a Puerto Rican activist in the American civil rights movement. In 1946, Méndez and her husband, Gonzalo, led an educational civil rights battle that changed California and set an important legal precedent for ending de jure segregation in the United States. Their landmark desegregation case, known as Mendez v. Westminster, paved the way for meaningful integration and public-school reform.
School segregation in the United States was the segregation of students in educational facilities based on their race and ethnicity. While not prohibited from having or attending schools, various minorities were barred from most schools that admitted white students. Segregation was enforced legally in the U.S. states, primarily in the Southern United States, although segregation could occur in informal settings or through social expectations and norms. Segregation laws were met with resistance by Civil Rights activists and began to be challenged in 1954 by cases brought before the U.S. Supreme Court. Segregation continued longstanding exclusionary policies in much of the Southern United States after the Civil War. Jim Crow laws codified segregation. These laws were influenced by the history of slavery and discrimination in the US. Secondary schools for African Americans in the South were called training schools instead of high schools in order to appease racist whites and focused on vocational education. School integration in the United States took place at different times in different areas and often met resistance. After the ruling of Brown v. Board of Education, which banned segregated school laws, school segregation took de facto form. School segregation declined rapidly during the late 1960s and early 1970s as the government became strict on schools' plans to combat segregation more effectively as a result of Green v. County School Board of New Kent County. Voluntary segregation by income appears to have increased since 1990. Racial segregation has either increased or stayed constant since 1990, depending on which definition of segregation is used. In general, definitions based on the amount of interaction between black and white students show increased racial segregation, while definitions based on the proportion of black and white students in different schools show racial segregation remaining approximately constant.
In the United States, school integration is the process of ending race-based segregation within American public and private schools. Racial segregation in schools existed throughout most of American history and remains an issue in contemporary education. During the Civil Rights Movement school integration became a priority, but since then de facto segregation has again become prevalent.
This is a timeline of the civil rights movement in the United States, a nonviolent mid-20th century freedom movement to gain legal equality and the enforcement of constitutional rights for people of color. The goals of the movement included securing equal protection under the law, ending legally institutionalized racial discrimination, and gaining equal access to public facilities, education reform, fair housing, and the ability to vote.
Francisco Maestas et al. vs. George H. Shone et al. was a school desegregation case in Colorado involving Latino children in the early 20th Century. Filed in the Colorado district court, 12th district, in 1912 by Francisco Maestas against the Alamosa School District Superintendent and Board of Education in 1913, the case precedes Del Rio ISD v. Salvatierra by sixteen years, Alvarez v. Lemon Grove by seventeen years and Mendez v. Westminster by thirty-three years. The court ruled in favor of Maestas and the other Latino families.
The Lydia D. Killefer School in Orange, California, was constructed in 1931 and listed in 2015 on the National Register of Historic Places administered by the National Park Service. The National Park Service notes the school's significance under Criterion A "as an example of institutional development associated with the early twentieth century growth of the Cypress Street Barrio in Orange". Killefer School also is noted by the National Park Service as significant under Criterion C (Architecture) as a rare extant "example of a Spanish Colonial Revival schoolhouse in Southern California" which survived the 1933 Long Beach earthquake.
Delgado V. Bastrop Independent School District was a Federal Circuit court case based out of Bastrop county that ruled against the segregation of Mexican-Americans in the public schools of Texas. The court's decision was argued on the standpoint of the Mendez et al. v. Westminster et al. court case and lack of Texas law for segregation of those of Mexican descent, and also stated that Mexican-Americans were separate from African-Americans as had been ruled in Plessy v. Ferguson. This case stated that except for the instance of separating individuals based on severe language difficulties in first grade, the school districts could not segregate their schools between Anglos and Mexican-Americans; moreover, the local school leaders and districts needed to take active action against it or they would also be liable for the results of segregated education. Though this case helped establish a baseline in the law against Mexican-American segregation in public schools, it took many more years and future lawsuits for action to follow through with the actual rulings of the court.
Lopez v. Seccombe. 71 F. Supp. 769. 1, US District Court for the Southern District of California, 1944, was a 1944 court case within the city and county of San Bernardino about whether Mexican Americans were able to use the city's public pool at any time despite the cities restricted limits. It is one of the "first successful judicial challenges to racial segregation". It is a case regarding the discrimination Mexican Americans had faced in southern California in the 20th century.
School segregation in California was the segregation of students based on their ethnicity.