The Atlantic

‘Race Neutral’ Is the New ‘Separate but Equal’

Source: Illustration by Ben Kothe / The Atlantic. Source: Getty.

On the first day of class in the fall of 1924, Martha Lum walked into the Rosedale Consolidated School. The mission-style building had been built three years earlier for white students in Rosedale, Mississippi.

Martha was not a new student. This 9-year-old had attended the public school the previous year. But that was before Congress passed the Immigration Act of 1924, banning immigrants from Asia and inciting ever more anti-Asian racism inside the United States.

At the time, African Americans were fleeing the virulent racism of the Mississippi Delta in the Great Migration north and west. To replace them, white landowners were recruiting Chinese immigrants like Martha’s father, Gong Lum. But instead of picking cotton, many Chinese immigrants, like Gong and his wife, Katherine, opened up grocery stores, usually in Black neighborhoods, after being shut out of white neighborhoods.

At noon recess, Martha had a visitor. The school superintendent notified her that she had to leave the public school her family’s tax dollars supported, because “she was of Chinese descent, and not a member of the white or Caucasian race.” Martha was told she had to go to the district’s all-Black public school, which had older infrastructure and textbooks, comparatively overcrowded classrooms, and lower-paid teachers.

Gong Lum sued, appealing to the Fourteenth Amendment’s equal-protection clause. The case went all the way to the U.S. Supreme Court. All nine justices ruled in favor of school segregation, citing the “separate but equal” doctrine from 1896’s Plessy v. Ferguson decision.

[Imani Perry: Lessons from Black and Chinese relations in the Deep South]

“A child of Chinese blood, born in and a citizen of the United States, is not denied the equal protection of the law by being classed by the state among the colored races who are assigned to public schools separate from those provided for the whites when equal facilities for education are afforded to both classes,” the Court in on November

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