Bill Text: DE SCR166 | 2023-2024 | 152nd General Assembly | Draft
Bill Title: Marking May 17, 2024, As The 70th Anniversary Of Brown V. Board Of Education Of Topeka, And Commemorating Delawares Part In That Landmark Case.
Spectrum: Moderate Partisan Bill (Democrat 21-6)
Status: (Engrossed) 2024-05-16 - Passed In House by Voice Vote [SCR166 Detail]
Download: Delaware-2023-SCR166-Draft.html
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SPONSOR: |
Sen. Pinkney & Sen. Brown & Sen. Lockman & Sen. Sturgeon & Rep. Bolden |
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Sens. Buckson, Gay, Hansen, Hocker, Hoffner, Huxtable, Lawson, Mantzavinos, S. McBride, Paradee, Pettyjohn, Poore, Richardson, Sokola, Townsend, Walsh, Wilson |
DELAWARE STATE SENATE
152nd GENERAL ASSEMBLY
SENATE CONCURRENT RESOLUTION NO. 166
MARKING MAY 17, 2024, AS THE 70TH ANNIVERSARY OF BROWN V. BOARD OF EDUCATION OF TOPEKA, AND COMMEMORATING DELAWARE’S PART IN THAT LANDMARK CASE.
WHEREAS, in 1951, citizens in the communities of Claymont and Hockessin solicited the counsel of Louis L. Redding, Delaware ’ s first African American attorney, to address racial segregation in Delaware ’ s public education system; and
WHEREAS, Hockessin resident Sarah Bulah ’ s request to the State Department of Public Instruction and the Governor to provide her young daughter, Shirley, with bus transportation to and from her nearby elementary school was denied, as, under the rules in effect at that time, Shirley, an African American child, could not ride on a school bus serving white children, despite the fact that the bus passed both her home and her school each day, morning and afternoon; and
WHEREAS, African American parents living in Claymont petitioned the all-white Claymont High School to admit their children into the school and, while the local board of education was in agreement, the request was denied by the Delaware State Board of Education; and
WHEREAS, these historic cases in the Delaware Court of Chancery became known as Bulah v. Gebhart and Belton v. Gebhart , named for a high school student, Ethel Louise Belton, who lived in Claymont but was forced to travel to and from Wilmington to attend Howard High School, then New Castle County’s only high school open to Black students; and
WHEREAS, Mr. Redding, attorney for the plaintiffs in the two cases, argued that state laws requiring school segregation by race denied African American students their constitutional right to equal protection under the law; and
WHEREAS, then Chief Judge of the Delaware Court of Chancery, Chancellor Collins J. Seitz, who heard the two cases, ruled that the facilities and programs at the all-Black schools were not equal to those in the all-White schools and ordered the students to be allowed to enroll in the White schools; and
WHEREAS, the ruling in Bulah v. Gebhart was the first substantial legal victory for those opposed to the institutional practice of segregation in public schools in Delaware and elsewhere in the United States; and
WHEREAS, the ruling did not apply broadly, as Chancellor Seitz opined that the responsibility for striking down the principle of “ separate but equal” belonged to the U.S. Supreme Court, and the State Supreme Court affirmed his opinion; and
WHEREAS, after the two Delaware cases were consolidated as Belton (Bulah) v. Gebhart to join four other cases before the Supreme Court, and were a part of the B rown v. Board of Education of Topeka decision handed down on May 17, 1954; and
WHEREAS, the unanimous ruling by the U. S. Supreme Court in Brown v. Board of Education of Topeka reversed a previous ruling in the 1896 Plessy v. Ferguson case that had upheld nationally the concept of “separate but equal” in public education for some 60 years; and
WHEREAS, the Supreme Court found that “ separate but equal accommodations” were a violation of the 14th amendment and denied persons of color the equal protection of the laws of the United States; and
WHEREAS, the ruling found that "separate educational facilities are inherently unequal,” effectively beginning the end of racial segregation in our public schools; and
WHEREAS, the ruling ’ s impacts were even more broadly felt, instituting the principle that the Constitution forbids segregation on the basis of race in any instance; and
WHEREAS, an integrated society is one that fosters a greater sharing of cultures, ideas, and values, resulting in a richer community experience for all citizens; and
WHEREAS, we must continue to work towards ensuring that we provide the resources necessary to make certain that our schools are accommodating and effective for students of all backgrounds.
BE IT RESOLVED by the Senate of the 152nd General Assembly of the State of Delaware, the House of Representatives concurring therein, that we do hereby recognize and honor May 17, 2024, as the 70th anniversary of Brown v. Board of Education of Topeka .
BE IT FURTHER RESOLVED that the Senate and House recognize and honor the courage and fortitude of Louis L. Redding Esquire, the Honorable Collins J. Seitz, Sarah Bulah, Shirley Bulah, Ethel Louise Belton, the Belton family, and the Hockessin and Claymont parents and students that sparked the action leading to Bulah v. Gebhart and Belton v. Gebhar t.
BE IT FURTHER RESOLVED that the decision by the U.S. Supreme Court in Brown v. Board of Education of Topeka essentially reflected Chancellor Seitz’s decision in the two Delaware cases, which were the only ones among the state cases making up Brown that struck down school segregation.
BE IT FURTHER RESOLVED that the Senate and House recognize that the crucial work against institutional racism must be continued by all Delawareans.
SYNOPSIS
This resolution marks May 17, 2024, as the 70th anniversary of the U.S. Supreme Court’s landmark decision in the Brown v. Board of Education of Topeka case and honors the courage and fortitude of all who sparked the action leading to the Bulah v. Gebhart and Belton v. Gebhart cases in Delaware. It also recognizes that the work against institutional racism must be continued by all Delawareans.
Author: Senator Pinkney
