Browder v. Gayle
Encyclopedia
Browder v. Gayle, 142 F. Supp. 707 (1956), was a case heard before the United States District Court for the Middle District of Alabama
on Montgomery
bus segregation
laws. It was the district court's
ruling in this case that ended segregation on Montgomery public buses.
in December 1955, black community leaders began discussion about the need for a federal lawsuit to challenge City of Montgomery
and Alabama
bus segregation laws. They sought a declaratory judgment that Alabama state statutes and ordinances of the city of Montgomery providing for and enforcing racial segregation on "privately" operated buses were in violation of Fourteenth Amendment
protections. The cause of action was brought under Reconstruction era civil rights legislation, specifically 42 U.S.C. §§ 1981, 1983
. The District Court had original jurisdiction
to hear this case under Title 28 of U.S.C. because it is a federal question (§ 1331) and because it concerns civil rights (§ 1343). A three-judge district court panel was required under 28 U.S.C. § 2281 for the granting of an interlocutory, or permanent injunction restraining the enforcement of a state statute by restraining the action of a state officer, such as an official of the Alabama Public Service Commission
. The court held that given the admission of city officials that they were enforcing state statutes, a three-judge court had jurisdiction over the case.
, a girl only 15 years old who was the first person arrested for refusing to give up her seat on a Montgomery bus—nine months before Rosa Parks' action and arrest—was re-considered by black legal leaders. Attorneys Fred Gray, E.D. Nixon and Clifford Durr
(a white lawyer who, with his wife Virginia, was an activist in the civil rights movement) searched for the ideal case law to challenge the constitutional legitimacy of Montgomery and Alabama bus segregation laws. Durr believed that an appeal of Mrs. Rosa Parks
' case would just get tied up in the Alabama state courts. Gray researched for the law suit, consulting with NAACP legal counsels Robert Carter and Thurgood Marshall
(who would later become United States solicitor general and a United States Supreme Court
justice). Gray approached Colvin, Aurelia Browder
, Susie McDonald, and Mary Louise Smith
, who were all women who had been mistreated by the Montgomery bus system. They all agreed to become plaintiffs in a civil action law suit.
In June 1956 the District Court ruled that "the enforced segregation of Negro
and white
passengers on motor buses operating in the City of Montgomery violates the Constitution and laws of the United States," because the conditions deprived people of equal protection under the Fourteenth Amendment
. The court further enjoined the state of Alabama and city of Montgomery from continuing to operate segregated buses.
United States District Court for the Middle District of Alabama
The United States District Court for the Middle District of Alabama is the Federal district court whose jurisdiction comprises the following counties: Autauga, Barbour, Bullock, Butler, Chambers, Chilton, Coffee, Coosa, Covington, Crenshaw, Dale, Elmore, Geneva, Henry, Houston, Lee, Lowndes,...
on Montgomery
Montgomery, Alabama
Montgomery is the capital of the U.S. state of Alabama, and is the county seat of Montgomery County. It is located on the Alabama River southeast of the center of the state, in the Gulf Coastal Plain. As of the 2010 census, Montgomery had a population of 205,764 making it the second-largest city...
bus segregation
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
laws. It was the district court's
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
ruling in this case that ended segregation on Montgomery public buses.
Case history
Right after the commencement of the Montgomery Bus BoycottMontgomery Bus Boycott
The Montgomery Bus Boycott was a political and social protest campaign that started in 1955 in Montgomery, Alabama, USA, intended to oppose the city's policy of racial segregation on its public transit system. Many important figures in the civil rights movement were involved in the boycott,...
in December 1955, black community leaders began discussion about the need for a federal lawsuit to challenge City of Montgomery
Montgomery, Alabama
Montgomery is the capital of the U.S. state of Alabama, and is the county seat of Montgomery County. It is located on the Alabama River southeast of the center of the state, in the Gulf Coastal Plain. As of the 2010 census, Montgomery had a population of 205,764 making it the second-largest city...
and Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
bus segregation laws. They sought a declaratory judgment that Alabama state statutes and ordinances of the city of Montgomery providing for and enforcing racial segregation on "privately" operated buses were in violation of Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
protections. The cause of action was brought under Reconstruction era civil rights legislation, specifically 42 U.S.C. §§ 1981, 1983
Civil Rights Act of 1871
The Civil Rights Act of 1871, , enacted April 20, 1871, is a federal law in force in the United States. The Act was originally enacted a few years after the American Civil War, along with the 1870 Force Act. One of the chief reasons for its passage was to protect southern blacks from the Ku Klux...
. The District Court had original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
to hear this case under Title 28 of U.S.C. because it is a federal question (§ 1331) and because it concerns civil rights (§ 1343). A three-judge district court panel was required under 28 U.S.C. § 2281 for the granting of an interlocutory, or permanent injunction restraining the enforcement of a state statute by restraining the action of a state officer, such as an official of the Alabama Public Service Commission
Alabama Public Service Commission
The Alabama Public Service Commission, commonly called The PSC, was established by an act of The Alabama Legislature in 1915 to primarily replace the State Railroad Commission. The PSC's responsibility was expanded in 1920 to include regulating and setting rates that utility companies charge their...
. The court held that given the admission of city officials that they were enforcing state statutes, a three-judge court had jurisdiction over the case.
Background
About two months after the bus boycott began, the case of Claudette ColvinClaudette Colvin
Claudette Colvin is a pioneer of the African-American civil rights movement. She was the first person to resist bus segregation in Montgomery, Alabama, preceding the better known Rosa Parks incident by nine months. The court case stemming from her refusal to give up her seat on the bus, decided by...
, a girl only 15 years old who was the first person arrested for refusing to give up her seat on a Montgomery bus—nine months before Rosa Parks' action and arrest—was re-considered by black legal leaders. Attorneys Fred Gray, E.D. Nixon and Clifford Durr
Clifford Durr
Clifford Durr was an Alabama lawyer who played an important role in defending activists and others accused of disloyalty during the New Deal and McCarthy eras and who represented Rosa Parks in her challenge to the constitutionality of the ordinance requiring the segregation of passengers on buses...
(a white lawyer who, with his wife Virginia, was an activist in the civil rights movement) searched for the ideal case law to challenge the constitutional legitimacy of Montgomery and Alabama bus segregation laws. Durr believed that an appeal of Mrs. Rosa Parks
Rosa Parks
Rosa Louise McCauley Parks was an African-American civil rights activist, whom the U.S. Congress called "the first lady of civil rights", and "the mother of the freedom movement"....
' case would just get tied up in the Alabama state courts. Gray researched for the law suit, consulting with NAACP legal counsels Robert Carter and Thurgood Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
(who would later become United States solicitor general and a United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
justice). Gray approached Colvin, Aurelia Browder
Aurelia Browder
Aurelia Shines Browder Coleman was an African American civil rights activist. In April 1955, months before the historic arrest of Rosa Parks, she was arrested for refusing to give up her bus seat to a white rider. She was the lead plaintiff in the Browder v. Gayle action lawsuit...
, Susie McDonald, and Mary Louise Smith
Mary Louise Smith
Mary Louise Smith is a civil rights protester. She is famous as one of the pre-Rosa Parks women who refused to give up their seat in the "whites only" section of Montgomery, Alabama city buses. She was 18 years old when she was arrested.Born in Montgomery, Alabama, Smith has lived there since...
, who were all women who had been mistreated by the Montgomery bus system. They all agreed to become plaintiffs in a civil action law suit.
Ruling
On February 1, 1956, Gray filed the case Browder v. Gayle in U.S. District Court. Browder was a Montgomery housewife; Gayle was the mayor of Montgomery.In June 1956 the District Court ruled that "the enforced segregation of Negro
Negro
The word Negro is used in the English-speaking world to refer to a person of black ancestry or appearance, whether of African descent or not...
and white
White people
White people is a term which usually refers to human beings characterized, at least in part, by the light pigmentation of their skin...
passengers on motor buses operating in the City of Montgomery violates the Constitution and laws of the United States," because the conditions deprived people of equal protection under the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. The court further enjoined the state of Alabama and city of Montgomery from continuing to operate segregated buses.
See also
- Plessy v. FergusonPlessy v. FergusonPlessy v. Ferguson, 163 U.S. 537 , is a landmark United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of state laws requiring racial segregation in private businesses , under the doctrine of "separate but equal".The decision was handed...
(1896), case upholding segregation. - Brown v. Board of EducationBrown v. Board of EducationBrown v. Board of Education of Topeka, 347 U.S. 483 , was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which...
(1954), declared segregated schools were inherently unequal. - Bolling v. SharpeBolling v. SharpeBolling v. Sharpe, 347 U.S. 497 , is a landmark United States Supreme Court case which deals with civil rights, specifically, segregation in the District of Columbia's public schools. Originally argued on December 10–11, 1952, a year before Brown v. Board of Education, 347 U.S...
(1954), companion case to Brown finding segregated schools in the District of Columbia were also illegal.