Statutes Compelling or Allowing
Segregation or Discrimination
|i.||States may prohibit discrimination. This has been done, in varying degree, by eighteen states.|
|2.||States may compel discrimination (or segregation, which is not discrimination according to the United States Supreme Court). This has been done, in varying degree, by twenty states.|
|3.||States may leave the matter to private discretion. This apparently has been done by ten states.|
Here we propose to indicate the scope of the practice of segregration, constituting the fruit of the decision in the Civil Rights Cases.
Schools: In the following states segregation of pupils is mandatory or expressly permissive (though there are various shadings in the requirements) : Alabama, Arizona, Delaware, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia. Dela