Stephen Suitts is an adjunct professor at Emory University’s Institute for the Liberal Arts. He is the author of Hugo Black of Alabama: How His Roots and Early Career Shaped the Great Champion of the Constitution. Earlier in his career, Suitts served as the executive director of the Southern Regional Council, vice president of the Southern Education Foundation, and executive producer and writer of “Will the Circle Be Unbroken,” a thirteen-hour public radio series that received a Peabody Award for its history of the civil rights movement in five Deep South cities.
In this illuminating and important article, he examines the roots of the “school choice” movement, which began as an integral part of the segregationist opposition to the Supreme Court’s 1954 Brown decision. Contrary to the rhetoric of Betsy DeVos, Mitt Romney, Donald Trump and even some Democrats, school choice is NOT the “civil rights issue of our time.” School choice was born as a way to maintain segregation of the races. Read this article in full. It is a brilliant and necessary history of the fight to block desegregation of the schools in the South (and other regions), and it is a fight that is ongoing. Next time you hear Betsy DeVos lecture about “educational freedom,” bear in mind that she is echoing dozens of segregationist politicians, like George Wallace. You will meet many more if you this stunning history of school choice and its origins.
He writes:
The political movement for “school choice” is employing the icons and language of civil rights and social justice to advance private school vouchers that fifty years ago were primary tools for segregationists to preserve unequal education for African American and Hispanic children. President Trump’s call for a national program of “school choice” echoes the language of George Wallace and others who demanded the federal government and US courts permit Alabama and the South to administer “freedom of choice” for elementary and secondary schools.
These apparent contradictions emerge from the unexamined legacy of segregationists who designed and developed effective, lasting strategies that frustrated and blocked K–12 school desegregation. It is a legacy that turns the icons and language of civil rights inside-out while thwarting the national goal of an effective, equitable system of education for all children.
So now we see the Heritage Foundation, Betsy DeVos, evangelicals, President Trump, and others who paint themselves as the newly minted defenders of the rights of poor black and brown children. They do so by perverting the language of the civil rights movement to support their goal of transferring public funds to private schools.
Suitts described the broad coalition of white supremacists who used every tool they could fashion to fight desegregation and racial justice. School choice was one of those tools.
Political leaders such as Georgia’s Ernest Vandiver won office by campaigning on a slogan of “No, not one” African American child would ever be allowed in a white school but discovered after entering the governor’s office that complete, absolute segregation was impossible to achieve—and counter-productive to preserving as many virtually segregated schools as possible. There were segregationists such as Alabama state senator Albert Boutwell—who later as a “moderate” mayoral candidate defeated “Bull” Connor—and Birmingham corporate attorney Forney Johnston. While Wallace began as a white liberal before shifting his politics to become governor, Boutwell and Johnston were the first segregationist leaders to develop a variety of strategies, tactics, and rationales for school choice that often delayed and defeated the promise of Brown.
Resistance to school desegregation differed across the states of the former Confederacy according to class, geography, religion, and political ambition. Only by recovering and understanding the work of a wider cast of white actors who crafted enduring tools and strategies protecting segregation can the reactionary heritage of today’s school choice become clear. As Justin Driver has found, the efforts of these segregationist leaders “to maintain white supremacy were often considerably more sophisticated, self-aware, and nuanced than the cartoonish depiction of southern stupidity and hostility would admit.” These forgotten and ignored strategies help explain how today’s proponents of public financing of private schools can employ the language of civil rights without widespread discredit. They also reveal how the origins and historical development of “freedom of choice” have shaped and continue to define the impact and role of “school choice” and vouchers in public education across the nation.
From 1954 to 1965, southern legislatures enacted as many as 450 laws and resolutions attempting to discredit, block, postpone, limit, or evade school desegregation. A large number of these acts allowed the re-direction of public resources, including school resources, to benefit private schools. In 1956, the Georgia legislature permitted the leasing of public property to segregated private schools. Five years later, the state enacted a law to provide vouchers for students to attend any non-sectarian private school, boldly declaring the act was to advance “the constitutional rights of school children to attend private schools of their choice in lieu of public schools.”
The North Carolina legislature enacted eight bills, the first of which was a constitutional amendment to authorize vouchers for private education and to allow whites to close public schools through a local referendum. In Alabama, Louisiana, Mississippi, and South Carolina, legislatures passed laws to publicly fund vouchers for private schools and to transfer public school property to private educational organizations. Citizens’ Councils were active in setting up private schools, especially in Mississippi. The Virginia legislature declared its support for this “freedom of choice” movement by enacting a system of vouchers for private organizations and citizens.
In addition to direct transfers of public funds and assets, some states employed tax schemes, including tax credits, to build and finance private school systems. In the Little Rock Crisis of 1957, after President Dwight Eisenhower was forced to call out federal troops to protect a handful of black children attempting to attend Central High School, Governor Orval Faubus funneled public monies through contracts and tax credits to the Little Rock Private School Corporation until the federal courts stopped the subterfuge (along with further attempts by Arkansas to enact vouchers). In 1959, Georgia governor Ernest Vandiver led the legislature in passing the six segregation bills, including one that supported “the establishment of bona fide private schools by allowing taxpayers credits upon their State income tax returns for contributions to such institutions…”
By 1965, seven states had enacted some type of voucher that enabled the largest growth of private schools in the South’s history. Yet, vouchers as a preferred and essential method of resistance to Brown did not stand alone but worked most effectively through larger plans that emerged from the different states. These plans were not uniform, but most incorporated strategies and language that have evolved and endured as the ways and means by which vouchers, school choice, and private schooling have escaped the stigma of their segregationist origins without losing much of the same purpose or effect.
Alabama’s Citizens Council proposed legislation to close all public schools and use vouchers for white parents to enroll in private schools in order to “keep every brick in our segregation wall intact.”
The die-hard segregationists came up with a three-way solution. Every student and family would have “educational freedom.” They could choose to go to an all-white school, an all-black school, and an integrated school.
All of the Southern states endorsed vouchers.
In Mississippi, white voters approved state constitutional changes recommended by Governor Hugh White’s advisory group that authorized state funding for children to attend their parents’ choice of a private school and for transferring public school properties to private schools. Afterwards, the strategy committee did little more since Mississippi’s white leaders employed other groups and strategies as their first line of defense. The legislature approved small funding increases for black public schools in an attempt to convince black citizens that the state would move closer to “separate but equal” facilities…
Lindsay Almond became Virginia’s new governor in 1957 after a campaign in which he supported the hardline approach. “I’d rather lose my right arm,” he proclaimed, “than to see one nigra child enter the white schools of Virginia.” He dropped his hardline stance and adopted “freedom of choice” as his policy. Some counties, however, went further.
Prince Edward County in Virginia maintained absolute segregation by closing the county’s public schools and providing county tax credit scholarships to supplement state vouchers for white children to attend private schools. In 1964, however, Justice Hugo Black issued the Supreme Court opinion outlawing the die-hard segregationists’ schemes. The Court ordered the public schools reopened on a desegregated basis and held that both tax credit and direct vouchers were unconstitutional.
Suitts traces the resistance to desegregation and the growth of private “white flight academies” in the South.
By 1980, when Ronald Reagan was elected, this history of die-hard resistance to desegregation and white-supremacist ideology had begun to fade from memory.
President Reagan transformed a “love of white skin” into a color-blind doctrinal belief that individual freedom of choice in schooling created diversity and opportunity for all in an era without segregation. Reagan became the nation’s primary voice for why and how government should support private schools, and, as a former actor and California governor, his own past and national leadership obscured the original role and rationales of southern white supremacists from public memory.
In 1984, in re-nominating Reagan, the Republican Party’s education platformincluded support for the right to pray in public schools, opposition to busing for desegregation, passage of tuition tax credits for private schools, and redirecting billions of federal funds dedicated to assist low-income students in public schools into vouchers for private schools. It was the first time a national political party endorsed school vouchers. In his State of the Union address fourteen months later, President Reagan declared: “We must continue the advance by supporting discipline in our schools, vouchers that give parents freedom of choice; and we must give back to our children their lost right to acknowledge God in their classrooms.” It was the first time a US president expressly advocated for school vouchers before a joint session of Congress. Without attribution, the views and tools of southern segregationists had become the official position of the national Republican Party and the Reagan presidency…
With the increased number of conservative justices appointed to the Supreme Court and federal District Courts and Appeals Courts, the judiciary abandoned its activist role in protecting the rights of black students.
The US Supreme Court began to bless these developments. As early as 1973, Justice William Rehnquist became the first member of the Court to issue a dissent from a school desegregation case relying on the precedent of Brown. In a case concerning school segregation in Denver, he condemned the Court’s opinion for requiring a school district to advance desegregation—employing the old scare word, “racial mixing”—where there were “neutrally drawn boundary lines” that sustained segregation. Barely a year after the Bob Jones decision held that religious private schools could not hold a tax exemption and discriminate on the basis of race, the Supreme Court slammed shut the courthouse door on those seeking to challenge the IRS’s weak enforcement. Parents of twenty-five black public school children sued the IRS, charging that its standards and procedures were inadequate to fulfill its obligation to deny tax-exempt status to racially discriminatory private schools. In 1984, the US Supreme Court held that the parents had no standing to bring such a suit.
With the appointment of other justices across more than three decades, the Court increasingly refused to require school districts to use any method of desegregation that proved effective in dismantling the dynamics of separation. By 2007, the Court had turned Brown on its head as a precedent for backing public school districts’ voluntary efforts to desegregate. Chief Justice John Roberts wrote that Brown commanded school districts to avoid using race as a consideration, even for the purpose of recognizing and diminishing public school segregation. “When it comes to using race to assign children to schools,” Roberts wrote without doubt or irony, “history will be heard…”
During the heyday of the first era of school vouchers, Dr. Martin Luther King Jr. decried that “token integration is little more than token democracy, which ends up with many new evasive schemes and it ends up with new discrimination, covered up with such niceties of complexity.” King’s words have proven prophetic, although he could not have foreseen how dramatically the icons and language of the movement he led would be used, even by his own lineage, to develop and advance the tools and strategies that segregationists of his day thought could defeat the promise of Brown…
Even if most Americans find repugnant the absolute separation of the races that George Wallace defiantly championed as destiny in 1963, his words have transformed into a prophesy about schools across the nation that rings true by the most accurate, historical definition of the term: “segregation now . . . segregation tomorrow . . . segregation forever.” 
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