While "Brown v. Board of Education" remains much more famous,
Mendez v. Westminster School District (1947) was actually the first
case in which segregation in education was successfully challenged
in federal court. Finally giving Mendez its due, Philippa Strum
provides a concise and compelling account of its legal issues and
legacy, while retaining its essential human face: that of Mexican
Americans unwilling to accept second-class citizenship. 1945
Gonzalo and Felcitas Mendez, California farmers, sent their
children off to the local school, only to be told that the
youngsters would have to attend a separate facility reserved for
Mexican Americans. In response the Mndezes and other aggrieved
parents from nearby school districts went to federal court to
challenge the segregation. Uniquely, they did not claim racial
discrimination, since Mexicans were legally considered white, but
rather discrimination based on ancestry and supposed "language
deficiency" that denied their children their Fourteenth Amendment
rights to equal protection under the law.
In 1945 Gonzalo and Felicitas Mendez, California farmers, sent
their children off to the local school, only to be told that the
youngsters would have to attend a separate facility reserved for
Mexican Americans. In response the Mendezes and other aggrieved
parents from nearby school districts went to federal court to
challenge the segregation. Uniquely, they did not claim racial
discrimination, since Mexicans were legally considered white, but
rather discrimination based on ancestry and supposed "language
deficiency" that denied their children their Fourteenth Amendment
rights to equal protection under the law.
Strum tells how, thanks to attorney David Marcus's carefully
crafted arguments, federal district court judge Paul McCormick came
to support the plaintiffs on the grounds that the social,
psychological, and pedagogical costs of segregated education were
damaging to Mexican-American children. The school districts claimed
that federal courts had no jurisdiction over education, but the
Ninth Circuit upheld McCormick's decision, ruling that the schools'
actions violated California law. The appeal to the Ninth Circuit
was supported by amicus briefs from leading civil liberties
organizations, including the NAACP, which a few years later would
adapt the arguments of Mendez in representing the plaintiffs in
Brown.
Strum effectively weaves together narrative and analysis with
personality portraits to create a highly readable and accessible
story, allowing us to hear the voices of all the protagonists. She
also presents the issues evenhandedly, effectively balancing her
presentation of arguments by both the plaintiffs and the schools
that sought to continue the segregation of Mexican-American
students.
Ultimately, Mendez highlights how Mexican Americans took the
lead to secure their civil rights and demonstrates how
organization, courage, and persistence in the Mexican-American
communities could overcome the racism of the school boards. Their
inspiring example is particularly timely given the current
controversies over immigration and the growing national interest in
Latino life.
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