There was a
moot court a few weeks ago over the Brown v Board case concerning integration.
One group was the Brown side and they were arguing for integration. This group
used the legal
argument of the Civil Rights Act saying that people should have
equal treatment in public
accommodations. They also said that separate but
equal is unable to be used because it should be
illegal, that black people are
now citizens just like white people and should have equal everything
including
opportunities like education, and that public schools should be considered
public
accommodations and treated the same as them.
The other
group was the Board of Education and was arguing against integration in the
schools. They used the arguments that putting blacks are citizens but would
feel inferior and not as
good if they were put into schools with whites, that
blacks and whites may hurt each other because of
anger from the past and
keeping them separate is better for everybody’s safety, that blacks are not as
educated as whites and would feel dumb if they were expected to come into the
same school and
perform at the same levels, the KKK would be furious and more
active if integration happened, and
finally that schools have always been separate
so why integrate them now?
The court
in real life and in our moot court agreed and sided with the Brown side to
integrate
the public school system. There was good moral reasoning to side with
the Board of Education side,
yet the law required that integration must take
place to be constitutional and follow the law correctly.