Delaware 2023 2023-2024 Regular Session

Delaware Senate Bill SCR166 Draft / Bill

                    SPONSOR:      Sen. Pinkney & Sen. Brown & Sen. Lockman & Sen. Sturgeon & Rep. Bolden       Sens. Buckson, Gay, Hansen, Hocker, Hoffner, Huxtable, Lawson, Mantzavinos, S. McBride, Paradee, Pettyjohn, Poore, Richardson, Sokola, Townsend, Walsh, Wilson           DELAWARE STATE SENATE   152nd GENERAL ASSEMBLY       SENATE CONCURRENT RESOLUTION NO. 166       MARKING MAY 17, 2024, AS THE 70TH ANNIVERSARY OF BROWN V. BOARD OF EDUCATION OF TOPEKA, AND COMMEMORATING DELAWARES PART IN THAT LANDMARK CASE.      

     

     SPONSOR:      Sen. Pinkney & Sen. Brown & Sen. Lockman & Sen. Sturgeon & Rep. Bolden       Sens. Buckson, Gay, Hansen, Hocker, Hoffner, Huxtable, Lawson, Mantzavinos, S. McBride, Paradee, Pettyjohn, Poore, Richardson, Sokola, Townsend, Walsh, Wilson     

SPONSOR: Sen. Pinkney & Sen. Brown & Sen. Lockman & Sen. Sturgeon & Rep. Bolden
Sens. Buckson, Gay, Hansen, Hocker, Hoffner, Huxtable, Lawson, Mantzavinos, S. McBride, Paradee, Pettyjohn, Poore, Richardson, Sokola, Townsend, Walsh, Wilson

 SPONSOR:  

 Sen. Pinkney & Sen. Brown & Sen. Lockman & Sen. Sturgeon & Rep. Bolden 

 Sens. Buckson, Gay, Hansen, Hocker, Hoffner, Huxtable, Lawson, Mantzavinos, S. McBride, Paradee, Pettyjohn, Poore, Richardson, Sokola, Townsend, Walsh, Wilson 

   

 DELAWARE STATE SENATE 

 152nd GENERAL ASSEMBLY 

   

 SENATE CONCURRENT RESOLUTION NO. 166 

   

 MARKING MAY 17, 2024, AS THE 70TH ANNIVERSARY OF BROWN V. BOARD OF EDUCATION OF TOPEKA, AND COMMEMORATING DELAWARES PART IN THAT LANDMARK CASE. 

   

   WHEREAS, in 1951, citizens in the communities of Claymont and Hockessin solicited the counsel of Louis L. Redding, Delaware ‏‏ s first African American attorney, to address racial segregation in Delaware ‏‏ s public education system; and    WHEREAS,  Hockessin  resident Sarah Bulah ‏‏ s request to the State Department of Public Instruction and the Governor to provide her young daughter, Shirley, with bus transportation to and from her nearby elementary school was denied, as, under the rules in effect at that time, Shirley, an African American child, could not ride on a school bus serving white children, despite the fact that the bus passed both her home and her school each day, morning and afternoon; and    WHEREAS, African American parents living in Claymont petitioned the all-white Claymont High School to admit their children into the school and, while the local board of education was in agreement, the request was denied by the Delaware State Board of Education; and    WHEREAS, these historic cases in the Delaware Court of Chancery became known as  Bulah v. Gebhart  and  Belton v. Gebhart ,  named for a high school student, Ethel Louise Belton, who lived in Claymont but was forced to travel to and from Wilmington to attend Howard High School, then New Castle Countys only high school open to Black students; and    WHEREAS,  Mr. Redding, attorney for the plaintiffs in the two cases, argued that state laws requiring school segregation by race denied African American students their constitutional right to equal protection under the law; and    WHEREAS,  then Chief Judge of the Delaware Court of Chancery, Chancellor Collins J. Seitz, who heard the two cases, ruled that the facilities and programs at the all-Black schools were not equal to those in the all-White schools and ordered the students to be allowed to enroll in the White schools; and    WHEREAS, the ruling in  Bulah v. Gebhart  was the first substantial legal victory for those opposed to the institutional practice of segregation in public schools in Delaware and elsewhere in the United States; and    WHEREAS, the ruling did not apply broadly, as Chancellor Seitz opined that the responsibility for striking down the principle of  ‏‏ separate but equal belonged to the U.S. Supreme Court, and the State Supreme Court affirmed his opinion; and    WHEREAS, after the two Delaware cases were consolidated as  Belton (Bulah) v. Gebhart  to join four other cases before the Supreme Court, and were a part of the B rown v. Board of Education of Topeka  decision handed down on May 17, 1954; and    WHEREAS, the unanimous ruling by the U. S. Supreme Court in  Brown v. Board of Education of Topeka  reversed a previous ruling in the 1896  Plessy v. Ferguson  case that had upheld nationally the concept of separate but equal in public education for some 60 years; and    WHEREAS, the Supreme Court found that  ‏‏ separate but equal accommodations were a violation of the 14th amendment and denied persons of color the equal protection of the laws of the United States; and    WHEREAS, the ruling found that "separate educational facilities are inherently unequal, effectively beginning the end of racial segregation in our public schools; and    WHEREAS, the ruling ‏‏ s impacts were even more broadly felt, instituting the principle that the Constitution forbids segregation on the basis of race in any instance; and    WHEREAS, an integrated society is one that fosters a greater sharing of cultures, ideas, and values, resulting in a richer community experience for all citizens; and    WHEREAS, we must continue to work towards ensuring that we provide the resources necessary to make certain that our schools are accommodating and effective for students of all backgrounds.    NOW, THEREFORE:    BE IT RESOLVED by the Senate of the 152nd General Assembly of the State of Delaware, the House of Representatives concurring therein, that we do hereby recognize and honor May 17, 2024, as the 70th anniversary of  Brown v. Board of Education of  Topeka .    BE IT FURTHER RESOLVED that the Senate and House recognize and honor the courage and fortitude of Louis L.  Redding Esquire, the Honorable Collins J. Seitz, Sarah Bulah, Shirley Bulah, Ethel Louise Belton,  the Belton family, and the Hockessin and Claymont parents and students that sparked the action leading to  Bulah v. Gebhart  and  Belton v. Gebhar t.    BE IT FURTHER RESOLVED that the decision by the U.S. Supreme Court in  Brown v. Board of Education of Topeka  essentially reflected Chancellor Seitzs decision in the two Delaware cases, which were the only ones among the state cases making up  Brown  that struck down school segregation.    BE IT FURTHER RESOLVED that the Senate and House recognize that the crucial work against institutional racism must be continued by all Delawareans.      

  WHEREAS, in 1951, citizens in the communities of Claymont and Hockessin solicited the counsel of Louis L. Redding, Delaware ‏‏ s first African American attorney, to address racial segregation in Delaware ‏‏ s public education system; and 

  WHEREAS,  Hockessin  resident Sarah Bulah ‏‏ s request to the State Department of Public Instruction and the Governor to provide her young daughter, Shirley, with bus transportation to and from her nearby elementary school was denied, as, under the rules in effect at that time, Shirley, an African American child, could not ride on a school bus serving white children, despite the fact that the bus passed both her home and her school each day, morning and afternoon; and 

  WHEREAS, African American parents living in Claymont petitioned the all-white Claymont High School to admit their children into the school and, while the local board of education was in agreement, the request was denied by the Delaware State Board of Education; and 

  WHEREAS, these historic cases in the Delaware Court of Chancery became known as  Bulah v. Gebhart  and  Belton v. Gebhart ,  named for a high school student, Ethel Louise Belton, who lived in Claymont but was forced to travel to and from Wilmington to attend Howard High School, then New Castle Countys only high school open to Black students; and 

  WHEREAS,  Mr. Redding, attorney for the plaintiffs in the two cases, argued that state laws requiring school segregation by race denied African American students their constitutional right to equal protection under the law; and 

  WHEREAS,  then Chief Judge of the Delaware Court of Chancery, Chancellor Collins J. Seitz, who heard the two cases, ruled that the facilities and programs at the all-Black schools were not equal to those in the all-White schools and ordered the students to be allowed to enroll in the White schools; and 

  WHEREAS, the ruling in  Bulah v. Gebhart  was the first substantial legal victory for those opposed to the institutional practice of segregation in public schools in Delaware and elsewhere in the United States; and 

  WHEREAS, the ruling did not apply broadly, as Chancellor Seitz opined that the responsibility for striking down the principle of  ‏‏ separate but equal belonged to the U.S. Supreme Court, and the State Supreme Court affirmed his opinion; and 

  WHEREAS, after the two Delaware cases were consolidated as  Belton (Bulah) v. Gebhart  to join four other cases before the Supreme Court, and were a part of the B rown v. Board of Education of Topeka  decision handed down on May 17, 1954; and 

  WHEREAS, the unanimous ruling by the U. S. Supreme Court in  Brown v. Board of Education of Topeka  reversed a previous ruling in the 1896  Plessy v. Ferguson  case that had upheld nationally the concept of separate but equal in public education for some 60 years; and 

  WHEREAS, the Supreme Court found that  ‏‏ separate but equal accommodations were a violation of the 14th amendment and denied persons of color the equal protection of the laws of the United States; and 

  WHEREAS, the ruling found that "separate educational facilities are inherently unequal, effectively beginning the end of racial segregation in our public schools; and 

  WHEREAS, the ruling ‏‏ s impacts were even more broadly felt, instituting the principle that the Constitution forbids segregation on the basis of race in any instance; and 

  WHEREAS, an integrated society is one that fosters a greater sharing of cultures, ideas, and values, resulting in a richer community experience for all citizens; and 

  WHEREAS, we must continue to work towards ensuring that we provide the resources necessary to make certain that our schools are accommodating and effective for students of all backgrounds. 

  NOW, THEREFORE: 

  BE IT RESOLVED by the Senate of the 152nd General Assembly of the State of Delaware, the House of Representatives concurring therein, that we do hereby recognize and honor May 17, 2024, as the 70th anniversary of  Brown v. Board of Education of  Topeka . 

  BE IT FURTHER RESOLVED that the Senate and House recognize and honor the courage and fortitude of Louis L.  Redding Esquire, the Honorable Collins J. Seitz, Sarah Bulah, Shirley Bulah, Ethel Louise Belton,  the Belton family, and the Hockessin and Claymont parents and students that sparked the action leading to  Bulah v. Gebhart  and  Belton v. Gebhar t. 

  BE IT FURTHER RESOLVED that the decision by the U.S. Supreme Court in  Brown v. Board of Education of Topeka  essentially reflected Chancellor Seitzs decision in the two Delaware cases, which were the only ones among the state cases making up  Brown  that struck down school segregation. 

  BE IT FURTHER RESOLVED that the Senate and House recognize that the crucial work against institutional racism must be continued by all Delawareans. 

   

  SYNOPSIS   This resolution marks May 17, 2024, as the 70th anniversary of the U.S. Supreme Courts landmark decision in the Brown v. Board of Education of Topeka case and honors the courage and fortitude of all who sparked the action leading to the Bulah v. Gebhart and Belton v. Gebhart cases in Delaware. It also recognizes that the work against institutional racism must be continued by all Delawareans.   Author: Senator Pinkney  

 SYNOPSIS 

 This resolution marks May 17, 2024, as the 70th anniversary of the U.S. Supreme Courts landmark decision in the Brown v. Board of Education of Topeka case and honors the courage and fortitude of all who sparked the action leading to the Bulah v. Gebhart and Belton v. Gebhart cases in Delaware. It also recognizes that the work against institutional racism must be continued by all Delawareans. 

 Author: Senator Pinkney