Runyon v. McCrary
| Runyon v. McCrary | |
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| Argued April 26, 1976 Decided June 25, 1976 |
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| Full case name | Runyon, et ux., dba Bobbe's School v. McCrary, et al. |
| Citations | 427 U.S. 160 (more) |
| Holding | |
| Federal law prohibits private schools from discriminating on the basis of race. | |
| Court membership | |
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| Case opinions | |
| Majority | Stewart, joined by Burger, Brennan, Marshall, Blackmun, Powell, Stevens |
| Concurrence | Powell |
| Concurrence | Stevens |
| Dissent | White, joined by Rehnquist |
| Laws applied | |
| Reconstruction Civil Rights Acts (42 USC 1981) | |
Runyon v. McCrary, 427 U.S. 160 (1976), was a case heard before the United States Supreme Court, which held that federal law prohibited private schools from discriminating on the basis of race. Dissenting Justice Byron White argued that the legislative history of 42 U.S.C. § 1981 (popularly known as the "Ku Klux Klan Act") indicated that the Act was not designed to prohibit private racial discrimination, but only state-sponsored racial discrimination (as had been held in the Civil Rights Cases of 1883).
Two African American students filed suit believing that they were denied admission to private schools based on their race. Michael McCrary and Colin Gonzales were denied admission to Bobbe's School; Gonzales was also denied admission to Fairfax-Brewster School. A class action lawsuit was filed, by the parents on behalf of the students, against the schools. A federal district court ruled for McCrary and Gonzales, finding that the school's admission policies were racially discriminatory. The United States Court of Appeals affirmed the decision.
1. Were the admission policies of the private schools in violation of 42 U.S.C. Section 1981?
2. Did the Ku Klux Klan Act violate the Constitutional right to privacy and free association?
In a 7-2 decision Justice Stewart wrote the opinion for the Court. The Court determined that The Ku Klux Klan Act prohibited the racially discriminatory policies of the schools. While the schools were private, Jones v. Alfred H. Mayer Co. held that the Ku Klux Klan Act applied to "purely private acts of racial discrimination." Further, Stewart wrote that the school's admission policies were "classical violation[s] of Section 1981." The Court acknowledged that parents had the right to send their children to schools that "promote the belief [of] racial segregation," but that right was not protected by the Constitution. The Court cited Pierce v. Society of Sisters and the right of the State "reasonably to regulate all schools" to further justify the decision.
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