Since the United States Supreme Court in Brown v. Board of Education of Topeka held segregation in public schools to be a denial of equal protection of the law, the question arises whether the “separate but equal” doctrine should be retained in other areas. The purpose of this note is to trace the “separate but equal” doctrine and to re-examine its validity in education and recreation after the Brown case.
I. “Separate but Equal” before the Fourteenth Amendment
II. “Separate but Equal” Established in the Supreme Court
III. Recent Decline of Segregation … A. Housing … B. Interstate Transportation … C. Education … D. Segregation in Recreation
IV. The Brown Case: What Effect on Segregation in Recreation?
V. Decisions since the Brown Case
VI. Policy Considerations
Ira S. Epstein and Gerry L. Fellman,
Constitutional Law—Segregation in Recreation,
34 Neb. L. Rev. 553
Available at: http://digitalcommons.unl.edu/nlr/vol34/iss3/12