Heman Sweatt and the University of Texas Law School Fight
Texas
In nineteen forty-six, a thirty-three-year-old Houston mail carrier named Heman Marion Sweatt walked into the University of Texas School of Law in Austin and submitted an application. The university denied it. The reason given was his race.
The state of Texas responded by establishing a separate law school for Black students in a basement office on Thirteenth Street in Austin. It had a few rooms, a handful of books, and no accreditation. The state's argument was that this school was equivalent to what the University of Texas offered, and therefore no constitutional principle required integration.
Sweatt did not accept that argument. Backed by the National Association for the Advancement of Colored People and represented in part by Thurgood Marshall, he sued. The case, Sweatt v. Painter, worked its way through the courts for four years.
On June fifth, nineteen fifty, the Supreme Court of the United States ruled unanimously that the basement law school was not equal to the University of Texas School of Law by any standard, and that Heman Sweatt must be admitted.
The decision was a direct predecessor to Brown v. Board of Education, which came four years later. The Sweatt ruling established that the test for equality in education was not merely the provision of a separate building with similar nominal subjects but the full range of resources, reputation, alumni networks, and professional standing that made a law school functional. Separate was not equal.
Sweatt enrolled at the University of Texas School of Law. He left before completing his degree, worn down, by his own account, by the hostility of the environment around him. The crack he made in the legal framework of separate-but-equal held without him.