Gebhart V. Belton - Background

Background

The unusual status of Gebhart arose in large part because of Delaware's unique legal and historical position. At the time of the litigation, Delaware was one of 17 states with a segregated school system. Even though Delaware is nominally a northern state, and was mostly aligned with the Union during the American Civil War, it nonetheless was de facto and de jure segregated; Jim Crow laws persisted in the state well into the 1940s, and its educational system was segregated by operation of law. In fact, Delaware's segregation was literally written into the state constitution, which, while providing at Article X, Section 2, that "no distinction shall be made on account of race or color", nonetheless required that "separate schools for white and colored children shall be maintained." Furthermore, a 1935 state education law required:

The schools provided shall be of two kinds; those for white children and those for colored children. The schools for white children shall be free for all white children between the ages of six and twenty-one years, inclusive; and the schools for colored children shall be free to all colored children between the ages of six and twenty-one years, inclusive. ... The State Board of Education shall establish schools for children of people called Moors or Indians.

Despite this optimistic language, African-American schools in Delaware were generally decrepit, with poor facilities, substandard curricula, and shoddy construction. Without substantial financial support provided by Wilmington's Du Pont family of chemical fame, segregated schools would likely have been in even worse shape.

At the same time, as a remnant of its days as one of the original thirteen former British colonies, Delaware had developed a judicial system which included a separate Court of Chancery, hearing matters arising in equity rather than in law. As opposed to legal remedies, which usually involve awarding money as damages, equity—as expressed in the maxims of equity, "regards as done that which ought to be done." As a result, cases brought in equity generally seek relief which cannot be awarded as a sum of money, but rather "that which ought to be done".