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Segregation, De Facto
Segregation, De Facto Racial segregation that exists in fact but was neither created by specific statutes nor enforced by statutes or judicial decrees is known as de facto segregation. Such segregation is typically a result of housing patterns and economic conditions, combined with governmental policies that were not specifically designed to segregate the races but that had that effect (see Housing Discrimination).
The Supreme Court first used the term “de facto segregation” in Swann v. Charlotte‐Mecklenburg Board of Education (1971), but that case, involving court‐ordered busing in a district that had once been segregated by law, turned on other issues (see Segregation, De Jure). In Keyes v. Denver School District No. 1 (1973) Justices William O. Douglas and Lewis Powell, concurring, urged the Court to abandon the distinction between de facto and de jure segregation. Douglas cited past state action, restrictive covenants, public funds used “by urban development agencies to build racial ghettoes,” the assignment of teachers, and the building or closing of schools as ways in which de facto segregation was a function of state action. In Milliken v. Bradley (1974) the Court rejected this analysis, effectively holding that courts could not remedy de facto segregation that was not caused by explicit government policies. In Washington v. Davis (1976) the Court held that, to be unconstitutional, de facto segregation had to be the result of a “racially discriminatory purpose” by the state (see Discriminatory Intent). In Washington v. Seattle School District No. 1 (1982), the Court upheld the power of school boards and state agencies to take voluntary remedial measures to end de facto segregation. On the other hand, Crawford v. Board of Education of Los Angeles (1982) upheld the right of California to amend its constitution to prohibit state officials from instituting busing to end de facto segregation. See also Race and Racism. Paul Finkelman |
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Cite this article
KERMIT L. HALL. "Segregation, De Facto." The Oxford Companion to the Supreme Court of the United States. 2005. Encyclopedia.com. 10 Feb. 2012 <http://www.encyclopedia.com>. KERMIT L. HALL. "Segregation, De Facto." The Oxford Companion to the Supreme Court of the United States. 2005. Encyclopedia.com. (February 10, 2012). http://www.encyclopedia.com/doc/1O184-SegregationDeFacto.html KERMIT L. HALL. "Segregation, De Facto." The Oxford Companion to the Supreme Court of the United States. 2005. Retrieved February 10, 2012 from Encyclopedia.com: http://www.encyclopedia.com/doc/1O184-SegregationDeFacto.html |
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de facto segregation
de facto segregation See SEGREGATION.
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Cite this article
GORDON MARSHALL. "de facto segregation." A Dictionary of Sociology. 1998. Encyclopedia.com. 10 Feb. 2012 <http://www.encyclopedia.com>. GORDON MARSHALL. "de facto segregation." A Dictionary of Sociology. 1998. Encyclopedia.com. (February 10, 2012). http://www.encyclopedia.com/doc/1O88-defactosegregation.html GORDON MARSHALL. "de facto segregation." A Dictionary of Sociology. 1998. Retrieved February 10, 2012 from Encyclopedia.com: http://www.encyclopedia.com/doc/1O88-defactosegregation.html |
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