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the racist history of school choice

School choice policies, such as vouchers and tax credits, which redirect public funds to private schools, have roots in a history of racism and school segregation. While proponents argue that these policies provide better opportunities for Black, Brown, and low-income students, they often undermine public schools, particularly in underfunded areas. The origins of these policies trace back to the post-Reconstruction South, when public education for Black children was a new and contested idea. During this time, public education efforts were championed by philanthropies and supported by newly freed Black people who viewed education as a path to true freedom. However, as public education expanded, resistance from white elites led to the creation of policies that aimed to preserve segregation and funnel resources away from public schools, laying the groundwork for the school choice movement we see today.

separate but equal - Brown v. Board of Education (1954)

In 1954, the U.S. Supreme Court's landmark decision in Brown v. Board of Education declared that "separate educational facilities are inherently unequal," mandating the desegregation of public schools. Despite the ruling, many Southern states, particularly Virginia, responded with violent and obstructive resistance. Virginia's "Massive Resistance" included strategies like closing public schools to avoid desegregation, as seen in Norfolk and Prince Edward County. Norfolk's school closures were brief but impactful, while Prince Edward County kept schools closed from 1959 to 1964, denying Black students an education for years. White families, however, could attend private schools, with Virginia even providing financial grants to support this segregation. The closure of public schools and the creation of private "segregation academies" became a significant part of Southern resistance, despite eventual court rulings declaring such actions unconstitutional.
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Brown v. Board of Education NGP, Topeka Unit - White and Colored Signs - Ser Amantio di Nicolao, CC BY-SA 4.0 <https://creativecommons.org/licenses/by-sa/4.0>, via Wikimedia Commons

A signed letter from senators & representatives from the south, in retaliation for brown v. board of education

We regard the decision of the Supreme Court in the school cases as a clear abuse of judicial power. It climaxes a trend in the Federal judiciary undertaking to legislate, in derogation of the authority of Congress, and to encroach upon the reserved rights of the States and the people. The original Constitution does not mention education. Neither does the 14th amendment nor any other amendment. The debates preceding the submission of the 14th amendment clearly show that there was no intent that it should affect the systems of education maintained by the States.

The very Congress which proposed the amendment subsequently provided for segregated schools in the District of Columbia. When the amendment was adopted, in 1868, there were 37 States of the Union. Every one of the 26 States that had any substantial racial differences among its people either approved the operation of segregated schools already in existence or subsequently established such schools by action of the same lawmaking body which considered the 14th amendment.

Though there has been no constitutional amendment or act of Congress changing this established legal principle almost a century old, the Supreme Court of the United States, with no legal basis for such action, undertook to exercise their naked judicial power and substituted their personal political and social ideas for the established law of the land.

This unwarranted exercise of power by the Court, contrary to the Constitution, is creating chaos and confusion in the States principally affected. It is destroying the amicable relations between the white and Negro races that have been created through 90 years of patient effort by the good people of both races. It has planted hatred and suspicion where there has been heretofore friendship and understanding.

With the gravest concern for the explosive and dangerous condition created by this decision and inflamed by outside meddlers: We reaffirm our reliance on the Constitution as the fundamental law of the land. We decry the Supreme Court's encroachments on rights reserved to the States and to the people, contrary to established law and to the Constitution. We commend the motives of those States which have declared the intention to resist forced integration by any lawful means. . 

We pledge ourselves to use all lawful means to bring about a reversal of this decision which is contrary to the Constitution and to prevent the use of force in its implementation.

segregation academies and runyon v. mccrary (1976)

In the 1960s and 1970s, the emergence of segregation academies marked a new phase of resistance. These private institutions, often funded by state grants or supported by segregationist groups like the White Citizens' Council, were designed to preserve white exclusivity in education. While some states like Mississippi saw the rise of these academies as a direct response to Brown, other Southern states followed suit, using these schools to circumvent desegregation. The number of private school enrollments soared during this period, and segregation academies flourished despite the Supreme Court’s attempt to close this loophole with Runyon v. McCrary in 1976. Although the decision outlawed racial discrimination in private schools, many segregation academies remained predominantly white, indicating that their original purpose of maintaining racial dominance persisted long after the legal battles over public school desegregation.

How Leaders of the Religious Right sanitized segregation to lure in Christian voters

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E.L. Malvaney from Jackson, MS, United States, CC BY-SA 2.0 <https://creativecommons.org/licenses/by-sa/2.0>, via Wikimedia Commons

Removing Tax-Exempt Status from segregation academies

The origins of the religious right can be traced back to a 1969 court ruling, not Roe v. Wade. In Holmes County, Mississippi, a group of African-American parents sued the Treasury Department to prevent newly-established whites-only private academies from receiving tax-exempt status. These "segregation academies" had been created in response to the desegregation efforts following the 1954 Brown v. Board of Education decision. In 1970, the plaintiffs won a preliminary injunction, blocking tax exemptions for these schools, and later that year, President Nixon directed the IRS to deny tax exemptions to all segregated schools.

“Charitable” educational institutions

In June 1971, the U.S. District Court for the District of Columbia upheld the IRS's new policy, ruling that racially discriminatory private schools could not receive tax-exempt status under the Internal Revenue Code, as they were not considered "charitable" educational institutions. This decision marked a significant legal victory in the fight against segregation, denying both the schools' tax-exempt status and the tax-deductibility of donations made to them.

Paul Weyrich and the Moral Majority

In the years following World War II, white evangelicals in the North had begun to lean toward the Republican Party, but they largely remained disengaged from organized political efforts. Paul Weyrich, a religious conservative activist and co-founder of the Heritage Foundation, saw an opportunity to mobilize this large group into a powerful voting bloc for conservative causes. In the mid-1970s, Weyrich envisioned a "moral majority," a coalition of conservatives defined by moral values, which he believed could reshape the nation. However, he struggled for years to rally evangelicals around issues like pornography, prayer in schools, and abortion, until the IRS’s actions against “segregation academies” in the 1970s caught the attention of evangelical leaders.

Lynchburg Christian School and Bob Jones University Refused to integrate

The Green v. Connally ruling, which denied tax-exempt status to racially discriminatory schools, became a catalyst for this movement. The IRS began investigating religious schools, including Jerry Falwell’s Lynchburg Christian School and Bob Jones University, for their racial policies. When Bob Jones University refused to integrate, it set off a larger conversation among evangelical leaders, who reframed the issue from racial segregation to religious freedom. The IRS ultimately revoked Bob Jones University’s tax-exempt status in 1976 for failing to comply with federal anti-discrimination laws. This action mobilized the evangelical community, sparking their involvement in the political arena, as they saw it as a direct challenge to their autonomy in running religious institutions.

How Christians used the Bible to Justify Segregation

The Curse of Ham

During the period of American slavery, slaveholders justified the institution by selectively interpreting the Bible. Two key passages were often used to support slavery: Genesis 9:18-27, known as the "Curse of Ham," and Ephesians 6:5-7. The former was interpreted to mean that the descendants of Ham (identified as Africans) were cursed to be slaves, while the latter instructed slaves to obey their masters as they would Christ. These passages, alongside other Old and New Testament references, were employed to argue that slavery was divinely sanctioned.

Africans must be Christianized

Some religious figures, like Bishop William Meade of Virginia, rationalized the suffering of enslaved people by framing it as divine punishment or a test from God, promising eternal reward for enduring hardship. Bishop Stephen Elliott of Georgia argued that slavery had a providential purpose, claiming it was part of a mission to civilize and Christianize Africans. This view portrayed slavery as beneficial for both the enslaved and society, as it was seen as a means of educating Africans for both earthly life and salvation.

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George Kendall Warren, Public domain, via Wikimedia Commons

Frederick Douglass

Frederick Douglass, an abolitionist and former enslaved person, sharply criticized this distorted version of Christianity. He condemned the "slave-holding, women-whipping" Christianity of his time, contrasting it with the true, peaceful teachings of Christ. Douglass believed that the Christianity practiced by slaveholders was corrupt and hypocritical, and he rejected it in favor of a faith that opposed the evils of slavery and supported justice and equality.

trump lifted ban on segregated facilities because of "DEI"

The Trump administration recently changed federal regulations, no longer explicitly prohibiting contractors from maintaining segregated facilities like restaurants, waiting rooms, and drinking fountains. This shift follows President Trump's executive orders on diversity, equity, and inclusion, which repealed a 1965 order by President Lyndon B. Johnson requiring contractors to uphold civil rights laws. The change, which affects the Federal Acquisition Regulation (FAR), is seen as symbolic but significant in its potential impact on workplace integration. Despite these changes, businesses must still comply with federal and state laws, including the Civil Rights Act of 1964. The modification was implemented quickly, bypassing the usual public comment period, which raised concerns about the process's transparency. The General Services Administration has stated that the changes align with current executive orders.