The Brown Decision was released by the U.S. Supreme Court on May 17, 1954, precisely sixty-nine years ago. It was a historic decision in many ways. It was the beginning of the end of de jure segregation in every aspect of American society. Of course, de facto segregation persists in schools, housing, and in many aspects of life. It would have been impossible to imagine in 1954 that the nation would elect a Black man as President in 2008 and again in 2012.
The decision was unanimous. America could not claim to be a nation of freedom, liberty, democracy, and equality when people of color were excluded from full participation in every aspect of public life and walled off from the mainstream of American society in their private lives. Segregation and discrimination were hallmarks of the American way. Black people were not only restricted in the right to vote, were not only underrepresented in legislatures and other decision-making bodies, but were excluded from restaurants, hotels, movie theaters, public transport, public beaches, and from all other places of public accommodation, as well as private commerce. Segregation was imposed by law in the South and some border states, and by custom in northern, western, and midwestern states.
The Brown Decision struck a blow against this cruel reign of prejudice and bigotry in American life. We are far, very far, from fulfilling the promise of the Brown Decision. To make progress, we must be willing to look deeply into the roots of systemic racism and dismantle the structures that condemn disproportionate numbers of Black families to live in poverty and in segregated neighborhoods. A number of Republican-led states have made such inquiries illegal.
The present movement for vouchers, which is strongest in Republican-dominated states, will not move us closer to the egalitarian goals of the Brown Decision. Vouchers are inherently a divisive concept. They encourage people to congregate with people just like themselves. Heightened segregation along lines of race, religion, social class, and ethnicity are a predictable result of vouchers.
The voucher movement began as a hostile response to the Brown decision, led by racist governors, members of Congress, legislatures, White Citizens Councils, parents who did not want their children to attend schools with Black children, and white supremacists who wanted to protect their “way of life.” They refused to comply with the Supreme Court decision. They called Earl Warren a Communist. They engaged in “massive resistance.” They quickly figured out that they could fund private academies for whites only, and some Southern states did. And they figured out that they could offer “vouchers” or “scholarships” to white students to attend white private and religious schools.
I recommend three books about the history of the ties between segregationists, the religious right, and vouchers. I reviewed all three in an article called “The Dark History of School Choice” in The New York Review of Books. Although it is behind a paywall, you can read one article for free or subscribe for a modest fee.
The Power Worshippers: Inside the Dangerous Rise of Religious Nationalism, by Katherine Stewart
Overturning Brown: The Segregationist Legacy of the Modern School Choice Movement, by Steve Suitts
Schoolhouse Burning: Public Education and the Assault on American Democracy, by Derek W. Black
In addition, I recommend Nancy MacLean’s superb Democracy in Chains: The Deep History of the Radical Right’s Stealth Plan for America. It links the voucher moment to the Koch brothers and other libertarians, including Milton Friedman. I reviewed it in the same journal. MacLean is the William H. Chafe Professor of History and Public Policy at Duke University.
Nancy MacLean wrote the following article for The Washington Post nearly two years ago. In the past two years, the voucher movement has gained even more ground in Republican-dominated states. If it is behind a paywall, you can read it here.
She wrote:
The year 2021 has proved a landmark for the “school choice” cause — a movement committed to the idea of providing public money for parents to use to pay for private schooling.
Republican control of a majority of state legislatures, combined with pandemic learning disruptions, set the stage for multiple victories. Seven states have created new school choice programs, and 11 others have expanded current programs through laws that offer taxpayer-funded vouchers for private schooling and authorize tax credits and educational savings accounts that incentivize parents moving their children out of public schools.
On its face, this new legislation may sound like a win for families seeking more school options. But the roots of the school choice movement are more sinister.
White Southerners first fought for “freedom of choice” in the mid-1950s as a means of defying the U.S. Supreme Court’s 1954 Brown v. Board of Education decision, which mandated the desegregation of public schools. Their goal was to create pathways for White families to remove their children from classrooms facing integration.
Prominent libertarians then took advantage of this idea, seeing it not only as a means of providing private options, but also as a tool in their crusade to dismantle public schools altogether. This history reveals that rather than giving families more school options, school choice became a tool intended to give most families far fewer in the end.
School choice had its roots in a crucial detail of the Brown decision: The ruling only applied to public schools. White Southerners viewed this as a loophole for evading desegregated schools.
In 1955 and 1956, conservative White leaders in Virginia devised a regionwide strategy of “massive resistance” to the high court’s desegregation mandate that hinged on state-funded school vouchers. The State Board of Education provided vouchers, then called tuition grants, of $250 ($2,514 in 2021 dollars) to parents who wanted to keep their children from attending integrated schools. The resistance leaders understood that most Southern White families could not afford private school tuition — and many who could afford it lacked the ideological commitment to segregation to justify the cost. The vouchers, combined with private donations to the new schools in counties facing desegregation mandates, would enable all but a handful of the poorest Whites to evade compliance.
Other Southern states soon adopted voucher programs like the one in Virginia to facilitate the creation of private schools called “segregation academies,” despite opposition from Black families and civil rights leaders. Oliver Hill, an NAACP attorney key to the Virginia case against “separate but equal” education that was folded into Brown, explained their position this way: “No one in a democratic society has a right to have his private prejudices financed at public expense.”
Despite such objections, key conservative and libertarian thinkers and foundations, including economists Milton Friedman and Friedrich Hayek, Human Events editor Felix Morley and publisher Henry Regnery, backed the White Southern cause. They recognized that White Southerners’ push for “freedom of choice” presented an opportunity to advance their goal of privatizing government services and resources, starting with primary and secondary education. They barely, if ever, addressed racism and segregation; instead, they spoke of freedom (implicitly, White freedom).
Friedman began promoting “educational freedom” in 1955, just as Southern states prepared to resist Brown. And he praised the Virginia voucher plan in his 1962 book, “Capitalism and Freedom,” holding it up as a model for school choice everywhere. “Whether the school is integrated or not,” he wrote, should have no bearing on eligibility for the vouchers. In other words, he knew the program was designed to fund segregation academies and saw it as no barrier to receiving state financing.
Friedman was far from alone. His fellow libertarians, including those on the staff of the William Volker Fund, a leading funder on the right, saw no problem with state governments providing tax subsidies to White families who chose segregation academies, even as these states disenfranchised Black voters, blocking them from having a say in these policies.
Libertarians understood that while abolishing the social safety net and other policies constructed during the Progressive era and the New Deal was wildly unpopular, even among White Southerners, school choice could win converts.
These conservative and libertarian thinkers offered up ostensibly race-neutral arguments in favor of the tax subsidies for private schooling sought by white supremacists. In doing so, they taught defenders of segregation a crucial new tactic — abandon overtly racist rationales and instead tout liberty, competition and market choice while embracing an anti-government stance. These race-neutral rationales for private school subsidies gave segregationists a justification that could survive court review — and did, for more than a decade before the Supreme Court ruled them unconstitutional.
When challenged, Friedman and his allies denied that they were motivated by racial bigotry. Yet, they had enough in common ideologically with the segregationists for the partnership to work. Both groups placed a premium on the liberty of those who had long profited from white-supremacist policies and sought to shield their freedom of action from the courts, liberal government policies and civil rights activists.
Crucially, freedom wasn’t the ultimate goal for either group of voucher supporters. White Southerners wielded colorblind language about freedom of choice to help preserve racial segregation and to keep Black children from schools with more resources.
Friedman, too, was interested in far more than school choice. He and his libertarian allies saw vouchers as a temporary first step on the path to school privatization. He didn’t intend for governments to subsidize private education forever. Rather, once the public schools were gone, Friedman envisioned parents eventually shouldering the full cost of private schooling without support from taxpayers. Only in some “charity” cases might governments still provide funding for tuition.
Friedman first articulated this outlook in his 1955 manifesto, but he clung to it for half a century, explaining in 2004, “In my ideal world, government would not be responsible for providing education any more than it is for providing food and clothing.” Four months before his death in 2006, when he spoke to a meeting of the conservative American Legislative Exchange Council (ALEC), he was especially frank. Addressing how to give parents control of their children’s education, Friedman said, “The ideal way would be to abolish the public school system and eliminate all the taxes that pay for it.”
Today, the ultrawealthy backers of school choice are cagey about this long-term goal, knowing that care is required to win the support of parents who want the best for their children. Indeed, in a sad irony, decades after helping to impede Brown’s implementation, school choice advocates on the right targeted families of color for what one libertarian legal strategist called “forging nontraditional alliances.” They won over some parents of color, who came to see vouchers and charter schools as a way to escape the racial and class inequalities that stemmed from White flight out of urban centers and the Supreme Court’s willingness to allow White Americans to avoid integrating schools.
But the history behind vouchers reveals that the rhetoric of “choice” and “freedom” stands in stark contrast to the real goals sought by conservative and libertarian advocates. The system they dream of would produce staggering inequalities, far more severe than the disparities that already exist today. Wealthy and upper-middle-class families would have their pick of schools, while those with far fewer resources — disproportionately families of color — might struggle to pay to educate their children, leaving them with far fewer options or dependent on private charity. Instead of offering an improvement over underfunded schools, school choice might lead to something far worse.
As Maya Angelou wisely counseled in another context, “When people show you who they are, believe them the first time.” If we fail to recognize the right’s true end game for public education, it could soon be too late to reverse course.
Update: According to Future-Ed, citing pro-voucher EdChoice (which used to be the Milton and Rose Friedman Foundation), “Currently, 32 states provide an estimated $4 billion in subsidies to some 690,000 students through tuition vouchers, education savings accounts, and tax-credit scholarships.” Several Republican-led states are considering or have already universal vouchers, which would subsidize the tuition of all students in private schools, including the children of wealthy families. Currently, most students who use vouchers were already enrolled in private and religious schools. In one state alone, Florida, the added cost of vouchers might be as much as $4 billion a year, just for the children already in private schools.
With this post, Dr. Ravitch proves again her patriotism to the principles of the nation, her skills as an expositor who has empathy and, her willingness to make sacrifices so that the truth is told.
In the display of each of these traits, it makes clear what the self-appointed ed reformers lack. They have no souls and, therefore, no commitment to humanity.
Thank you, Linda.
Good comment.
“No one in a democratic society has a right to have his private prejudices financed at public expense.”
Vouchers are exactly the path that several states, particularly in the South, are pursuing because they can promote segregation and undermine democracy. Vouchers codify discrimination at the public’s expense, and they are exactly a form of institutionalized racism that political leaders in some parts of the country simply refuse to acknowledge.
Now you know why CRT is banned. It cuts to the bone.
well-stated, retired teacher
Adding- some refuse to acknowledge, some are duplicitous
Vouchers and even charter schools purport to put parents in the driver’s seat. It a bogus, misleading assertion. What they do is empower schools to discriminate against students they reject for whatever reason, and race certainly is a major determining factor. Public funds get diverted to these private schools in order to promote discrimination.
It’s very sad that Dem leaders did not take the arguments in “Democracy in Chains” more seriously, especially the chapters on the Federalist Society as part of a grand strategy to take over the judiciary and make the position of the ultra-wealthy in our society unassailable. Now we are stuck with a Supreme Court that not only turns a deaf ear to the concerns of everyday people, but is also incredibly corrupt.
Ray-
Leonard Leo is right wing Catholic. His work with the Federalist Society led to an award from a Catholic organization. The Koch’s Paul Weyrich who co-founded ALEC and the Heritage Foundation where Ginny Thomas got a big salary (unreported by Clarence) was right wing Catholic. For Dems to be effective, they have got to find a way to message about who the enemy is. But, the Catholic bishops’ church (about 50% of Catholic bishops prefer Fox as their news source) is very well-protected by tribalists. One piece of evidence is the focus on “Christian nationalism,” which the public interprets as Baptists in the south and central states. In contrast, John Eastman, on the podium Jan. 6 with Giuliani is right wing Catholic. The decentralized protestant evangelicals have a less well organized and less well funded political apparatus.
There’s a book out, “Playing God…” by Mary Jo McConahay that describes the very effective politicking of the almost 50 state Catholic Conferences. In Indiana and Florida, conservative Catholics take credit for initiating and passing school choice legislation. The executive director of the Colorado Catholic Conference was formerly with EdChoice and the Koch network.
The Dem messaging is made difficult because high visibility influencers like the Pope and Biden are liberal. But, the messaging needs to explain that they are outliers.
You can recognize how difficult it is for Dems to communicate what has to be said.
In 2008, 4 out of 10 Catholics leaned Republican. Today , it is 6 out of 10. Catholics are the nation’s largest religious voting segment (25%).
Vouchers and right wing religion-
Speculating- Harvard Prof. Adrian Vermuele, described as the nation’s most dangerous critic of liberalism, wants Catholic immigrants to be given priority because they will replace liberal Catholics who are leaving the right wing politicized, American Church. The largest number of undocumented people entering the country are from Mexico. Some number have modest expectations about getting much of the economic pie. It’s a worker mindset that protects the interests of those who fund places like the Ivy Leagues. Religious schools perpetuate a culture that lauds autocratic rule.
A little bit of hope for the U.S. as a democracy instead of a theocracy- most of the undocumented people crossing the border are from countries with birthrates below 3.0. It’s an indicator that the Church’s hold isn’t as great as it was in Ireland during the Great Hunger, a time characterized by the social Darwinist economic policies that are similar to those of Charles Koch today.
While I agree with everything in this piece — anyone who’s devoted even minimal time to Diane’s writing won’t find anything new here — I’m starting to see a problem of compartmentalization that hinders advocates and makes the job easier for reactionaries. What is described in this piece is a tactic, albeit with intricate history and a multitude of sub-strategies, but it is one piece of an entire mosaic of injustice that has shadowed this nation since before its inception. In theory, solving this problem in isolation would not matter in the political and historical ecosystem of our times. But in reality, it won’t. Beginning to solve this must be a part of a comprehensive package Americans will understand. But they won’t, so expect more of the same and worse.
But rather than get into arguments about this or that, I’ll cite a paper released yesterday by the Journal of the American Medical Association. “Based on Centers for Disease Control and Prevention data, excess deaths and years of potential life lost persisted throughout the period [1999-2020], with initial progress followed by stagnation of improvement and substantial worsening in 2020. The Black population had 1.63 million excess deaths, representing more than 80 million years of potential life lost over the study period.” https://jamanetwork.com/journals/jama/article-abstract/2804822
Historical racism in public policy has deadly consequences. The reason they continue is that no matter how deadly they are, some will profit handsomely. I would argue that the period studied may have represented the high point for Black survival statistics in all of history. And Black Americans still lost “more than 80 million years of potential life lost over” that time. Imagine, even with a smaller population how much that loss of life must have been from 1844-65. How many years were lost during Jim Crow years, with the countless, anonymous, unaccountable crimes and atrocities committed on Blacks that had and still have generational impact.
So yes, vouchers are unquestionably a legacy of Brown, but it is a vital piece that exists in an environment, not in isolation. That’s how they must be addressed. I recently finished reading Margaret Burnham’s By Hands Now Known and am considering starting my review with this run-on sentence:
What kind of person would join others to rouse a Black person from bed past midnight — that person having gone to bed thinking the next morning would be another normal day; normal, that is, if you were Black in 1960s Mississippi with an opinion, voice, or just happened to be in the wrong place at the wrong time earlier that day — with a gang of others, take that person, blind-folded and and in the trunk of a car or in the back seat of car wedged in by two people who stuffed him into the car, proceed to strip the person naked, beat — preferably to near consciousness, but sometimes they’d kill them — and tell that person to get out of town before sunrise and never come back or else he would get worse and next time we might take some family with us, leaving them there, naked and worse-than-stunned, and then drive home with the satisfaction of having done a good deed and get a restful night’s sleep?
About one-third to slightly less than one-half of the current American population sees nothing wrong with that based on the way they express themselves and vote.
Forgot to enter the / in the bold bit.
“Mosiac of injustice” is a good way to express our ongoing inequities. Unfortunately, our system only backs racism that is specifically written into laws. De facto racism is much more common issue today. The privatization of education is often a cover to continue the tradition of exclusion and rationing opportunity. The fact is that privatization often results in placing Black and Brown students in a separate and unequal setting, and it is a feature of privatization.
Greg-
Thanks for writing what you wrote. If the third to slightly less than half could feel shame, they would.
Excellent points. I was lucky enough to go to mostly integrated schools in Ohio and Michigan. I remember the day, in ’54, when we studied the Brown decision in history class in Southern Ohio, where we’d moved. Most of the kids were silent when the teacher asked for comments about the decision. As a white boy who’d had several diverse friends, I thought it was great and said so. Later that evening I was confronted on the main street and attacked by two white boys. Many white people did not like the decision. Movie theaters and restaurants were segregated there. It was a wonderful court decision, but a difficult time for many.
Add to your must-read list “The Manufactured Crisis” which details how “school choice” was marketed to the public via lies about the “failure” of public schools. The book was published in 1996, but the strategies and lies by the anti-public school cadre are still being used today. The book is still available on Amazon. It’s written by researchers David Berliner and Bruce Biddle and won the American Educational Research Association’s book award.
Justices Thomas and Alito have said Brown v Bd of Education was wrongfully decided… and three other justices probably agree
do you have a citation for that?
No citation, then? I’m going to assume this isn’t true in the meantime.
What kills me is when people talk about privatization and testing as “the civil rights movement of the 21st century.” One cannot be segregationist and anti-racist at the same time. Period.
Catholic schools… are they different from what is described in Diane’s post above?
(1) In state capitols, Catholic schools provided/provide legitimization for school choice. In states like Ohio, the overwhelming amount of voucher money goes to Catholic schools. In Indiana and Florida, conservative Catholics are given credit for initiating and passing school choice legislation.
(2) What’s the cost to the nation when there is legitimization of Catholic school vouchers?
(a) loss of separation between church and state
(b) exemption from civil rights employment law, courtesy of
the conservative Catholic majority on SCOTUS
(c) usurpation of government function by Catholic organizations,
taxpayers making them the 3rd largest US employer
(d) a generation of students influenced by Catholic bishops, almost half
of whom prefer Fox as a new source, a network that is racist.
The Catholic Church discriminates against women and people who are
gay.
(e) lack of accountability in multiple interfaces
I don’t care if people want to send their children to religious or private schools. That’s their right.
I object to taxpayers paying for private choices. If you don’t like the community pool, don’t expect taxpayers to pay for your private pool.
Thank you for reading what I wrote.
We may differ about the following. People can choose legacy admission and discriminatory schools.But, the public deserves to have a pool of candidates for the jobs that they fund where priority is given to those who graduated from schools which have admission policies based on merit (and schools that reflect representation of the population.).
Georgetown University (Catholic) located in the seat of power, the District of Columbia, didn’t admit its 1st Black student until 1953. Last year, Georgetown hired for a top position in its law school, Ilya Shapiro from the Koch network, who was made infamous in 2022. for his comments about race. The university reacted by continuing his employment.