How the Courts Address or Respect Our Rights as Citizens Essay

Name of the Case

• Virgil D. Hawkins, on behalf of himself and others
• Similarly situated, Plaintiffs, v. The BOARD OF CONTROL OF FLORIDA,
• A body corporate,
• No. 643.

Facts of the Case

• The case began in April 1948
• The plaintiff was a black student who had applied to be admitted to the University of Florida’s College of Law
• The University’s governing body (the Board of Control) rejected his application on constitutional grounds that non-white students were not allowed into the University
• A 9-year legal battle then ensued
• He ultimately lost the case

History of the Case

• In 1950, in the State ex rel Hawkins v. Board of Control of Florida, the Court agreed with Hawkins
• His rights to attend a Florida, public law school were upheld
• But it maintained that the state of Florida has observed this
• It created a public law school (Florida A &M) exclusively for blacks.
• The Court ruled that since he had an option of attending this institution, the University of Florida’s law school was under no obligation to admit him.

Facts and Legal Questions

• Were the plaintiff’s rights to education violated?
• Did the plaintiff have an option other than UF law school?
• What was the implication of the U.S. Supreme Court ruling?
• What reasons did the Florida Supreme Court give for failing to admit Hawkins?
• Did Hawkins finally become an attorney?

The Ruling

• The Court agreed with the Board
• It ruled that Florida A&M met all the state requirements to offer law education
• Its legal education would help the plaintiff.
• The Court argued that the establishment of the Florida A&M ensured that Hawkins’ right to pursue legal education was adequately provided for
• Florida A&M admitted non-white students

The U.S. Supreme Court

• Borrowed from the Brown v. Board of Education of Topeka case
• The U.S. Supreme Court ruling of 1954
• It declared the education doctrine of “separate but equal” unconstitutional
• It breached the constitutional clause of equal protection by segregating educational amenities (Hawkins v. Board, n.d).
• Public schools were hence ordered to admit racially diverse students without any discrimination.

The Florida Supreme Court

• Acknowledged the U.S. Supreme Court’s ruling
• Florida Supreme Court instructed that Hawkins should be admitted to the UF law.
• But there were delays
• Issues of parents’ concerns arose
• Contempt

No Admission

• Hawkins was not admitted
• The “danger of serious public mischief.”
• Justice B.K Roberts argued that admitting Hawkins to the UF law school would cause parents to withdraw their children from the institution.
• His black skin still played against him
• U.S. Supreme Court ruling disobeyed

Laws and Legal Actions Taken

• Another ruling in 1958,
• The Court should grant Hawkins a hearing
• UF should be prohibited from implementing their white persons only policy,
• It also found that Hawkins lacked the required qualifications to enter into the UF law school (Paulson & Hawkes, 1984).

Bar Examinations

• Later in 1976, in Re Florida Board of Bar Examiners case,
• Special permission was granted by the Supreme Court
• Hawkins allowed admission to the Florida Bar
• On the grounds of his state diploma (State Ex Rel. Hawkins v. Board of Control, n.d).

Concurring Opinions from the Judges

• Five judges concurred
• Chief Justice Terrell was one of them
• Concurred that segregation was a normal phenomenon
• Under the laws of natural theory
• It practiced since time immemorial, even during the ancient times of Egyptian segregation of the Jews.

Dissenting Opinions from the Judges

• Two justices dissented and sided with the U.S Supreme Court’s ruling
• They disagreed with their 5 colleagues,
• Justice Roberts argued that the U.S. Supreme Court violated the judges’ oath
• of “supporting, protecting, and defending the federal constitution.”
• Justice Hobson noted that it was paramount to obey the federal law and the U.S Supreme Court’s decision.

References

Hawkins v. Board of Control of Florida, 162 F. Supp. 851 (N.D. Fla. 1958).(n.d). Justia U.S. Law. Web.

Paulson, D., & Hawkes, P. (1984). Desegregating the University of Florida Law School: Virgil. Florida State University Law Review, 12(1), 58-72.

State Ex Rel. Hawkins v. Board of Control.(n.d). Justia U.S. Law. Web.