{{Short description|Maryland Court of Appeals decision}} {{Use American English|date=September 2025}} {{Use mdy dates|date=September 2023}} {{Infobox court case |name = Murray v. Pearson |court = Maryland Court of Appeals |image = |imagesize = 200px |imagelink = |imagealt = |caption = |full name = |date decided = {{start date|1936|01|15|df=}} |citations = 169 Md. 478, 182 A. 590 (1936) |ECLI = |transcripts = |judges = Bond, C. J., and Urner, Offutt, Parke, Sloan, Mitchell, Shehan, and Johnson, JJ |number of judges = 8 |decision by = Carroll Bond |concurring = |dissenting = |concur/dissent = |prior actions = |appealed from = |appealed to = |subsequent actions = |related actions = |opinions = Bond, joined by unanimous |keywords = {{hlist | Segregation}} |italic title = yes }} '''''Murray v. Pearson''''' was a Maryland Court of Appeals decision which found "the state has undertaken the function of education in the law, but has omitted students of one race from the only adequate provision made for it, and omitted them solely because of their color." On January 15, 1936, the court affirmed the lower court ruling which ordered the university to immediately integrate its student population, and therefore created a legal precedent making segregation in Maryland illegal.<ref name=pvm1936>{{cite web |url=http://www.brownat50.org/brownCases/PreBrownCases/PearsonvMurrayMd1936.htm |title=''Murray v. Pearson'', 169 Md. 478, 182 A. 590 (1936) |publisher=brownat50.org |access-date=2008-02-11 |archive-url=https://web.archive.org/web/20080107112325/http://www.brownat50.org/brownCases/PreBrownCases/PearsonvMurrayMd1936.htm |archive-date=2008-01-07 |url-status=dead }}</ref>
==Circuit court case== Donald Gaines Murray sought admission to the University of Maryland School of Law on January 24, 1935, but his application was rejected on account of his race. The rejection letter stated, "The University of Maryland does not admit Negro students and your application is accordingly rejected."<ref name=baltmag>{{cite journal|last=Rath|first=Molly|title=Desegregation Begins|journal=Baltimore Magazine|volume=100|issue=7|pages=86|date=July 2007}}</ref> The letter noted the university's duty under the ''Plessy v. Ferguson'' doctrine of separate but equal to assist him in studying elsewhere, even at a law school located out-of-state. Murray appealed this rejection to the Board of Regents of the university, but was refused admittance.
The nation's oldest black collegiate fraternity, Alpha Phi Alpha, initiated ''Murray v. Pearson'' on June 25, 1935, as part of its widening social program, and retained Belford Lawson to litigate the case. By the time the case reached court, Murray was represented by Charles Hamilton Houston and Thurgood Marshall of the Baltimore National Association for the Advancement of Colored People (NAACP).<ref name=alphahb>{{cite book | last=Wesley |first=Charles H. |author-link=Charles H. Wesley| title=The History of Alpha Phi Alpha, A Development in College Life | edition=14th |orig-year=1929 |publisher=Foundation | year=1981 |pages=217–218 |chapter=The Widening Social Program |id=ASIN: B000ESQ14W}}</ref> Houston and Marshall used ''Murray v. Pearson'' as the NAACP's first case to test Nathan Ross Margold's strategy to attack the 'separate but equal' doctrine using the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. Margold concluded "such laws administering such a system were denying equal protection of law under the ''Yick Wo v. Hopkins'' ruling of 1886 and therefore were unconstitutional.<ref name="citation">{{caselaw source |case=''Yick Wo v. Hopkins'', 118 U.S. 356 (1886) |findlaw=http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=118&page=356|justia=http://supreme.justia.com/us/118/356/case.html}}</ref>
At the circuit court hearing, Marshall stated that Maryland failed to provide a 'separate but equal' education for Murray as required by the Fourteenth Amendment (using the legal standard at that time).<ref name=baltmag/> Since laws differ from state to state, a law school located in another state could not prepare a future attorney for a career in Maryland. Marshall argued in principle that "since the State of Maryland had not provided a comparable law school for blacks that Murray should be allowed to attend the white university"<ref name=yale>{{cite web |first=Henry A. |last=Rhodes |url=http://www.yale.edu/ynhti/curriculum/units/1992/1/92.01.09.x.html |title=The Brown Decision |publisher=Yale University |access-date=2008-02-11}}</ref> and stated
{{blockquote|What's at stake here is more than the rights of my client. It's the moral commitment stated in our country's creed.<ref name=mvp>{{cite web |url=http://www.aaregistry.com/african_american_history/1273/Murray_v_Pearson_ruled |title=Murray v. Pearson ruled |publisher=African American Registry |access-date=2008-02-11 |archive-url = https://web.archive.org/web/20080510131119/http://www.aaregistry.com/african_american_history/1273/Murray_v_Pearson_ruled <!-- Bot retrieved archive --> |archive-date = 2008-05-10}}</ref>}}
The circuit court judge issued a writ of mandamus ordering Raymond A. Pearson, president of the university, to admit Murray to the law school.<ref name=alphahb/>
==Appeal to Maryland Court of Appeals== The ruling was appealed to Maryland's highest court, the Court of Appeals. This court, in a unanimous decision, affirmed the lower court ruling in 1936.<ref name=pvm1936/> The decision did not outlaw segregation in education throughout Maryland, but noted the state's requirement under the Fourteenth Amendment, as it was understood at that time, to provide substantially an equal treatment in the facilities it provides from public funds. Since Maryland chose to only provide one law school for use by students in the state, that law school had to be available to all races.<ref name=pvm1936/>
==Impact of the decision== The decision of the Court of Appeals was never taken to the U.S. Supreme Court, and as such the ruling was not binding outside of Maryland; the Supreme Court addressed the same issue in 1938 in ''Missouri ex rel. Gaines v. Canada''. The NAACP's legal strategy of attacking segregation by demanding equal access to public facilities that could not be easily duplicated was followed in later lawsuits with mixed results. In ''Williams v. Zimmerman'',<ref>''Williams v. Zimmerman'', 172 Md. 563, 192 A. 353 (1937).</ref> a case appealed to the Maryland Court of Appeals, Marshall in 1937 failed in an effort to desegregate a high school in Baltimore County, which had no public high schools for black teenagers.<ref>{{cite journal | last =Mitchell | first =Juanita Jackson | title =''Meade v. Dennistone'': The NAACP's Test Case to "... Sue Jim Crow Out of Maryland with the Fourteenth Amendment | journal =Maryland Law Review | volume =63 | pages = 773, 800–01 | publisher =University of Maryland School of Law | location =Baltimore, Maryland | year = 2004 }} </ref> The legal strategy was successful in the desegregation of Baltimore's Baltimore Polytechnic Institute in 1952. It was not until 1954 that ''Brown v. Board of Education'' mandated desegregation across the whole of the United States.<ref>{{cite web | url = http://laws.findlaw.com/us/347/483.html | title = ''Brown v. Board of Education'', 347 U.S. 483 (1954) | work = findlaw.com | access-date = 2008-02-11 | archive-date = October 7, 2008 | archive-url = https://web.archive.org/web/20081007022754/http://laws.findlaw.com/US/347/483.html | url-status = dead }}</ref> ''Brown'' also overturned the ''Plessy v. Ferguson'' 'separate but equal' standard as comporting with the Equal Protection Clause of the Fourteenth Amendment as used in ''Murray''.
==See also== *''Yick Wo v. Hopkins'' *''Missouri ex rel. Gaines v. Canada'' *''Brown v. Board of Education'' *''Hocutt v. Wilson''
==References== {{reflist}}
==External links== * [https://web.archive.org/web/20080510131119/http://www.aaregistry.com/african_american_history/1273/Murray_v_Pearson_ruled Murray v. Pearson ruled.] * [http://www.brownat50.org/brownCases/PreBrownCases/MurrayvPearsonMd1936.htm Court of Appeals of Maryland]{{Dead link|date=April 2020 |bot=InternetArchiveBot |fix-attempted=yes }} * [http://www.msa.md.gov/megafile/msa/speccol/sc2200/sc2221/000011/000000/html/00000001.html From Segregation to Integration: The Donald Murray Case, 1935-1937] * [http://www.msa.md.gov/megafile/msa/speccol/sc2200/sc2221/000011/000011/pdf/d007116a.pdf Donald Gaines Murray dies at 72]
{{UMB}}
Category:United States education case law Category:United States racial desegregation case law Category:1935 in United States case law Category:Civil rights movement case law Category:Maryland state case law Category:Legal history of Maryland Category:1935 in Maryland Category:1935 in education Category:University of Maryland, Baltimore Category:Thurgood Marshall