Excluded, Segregated and Forgotten: A Historical View of the Discrimination of Chinese Americans in Public Schools

Excluded, Segregated and Forgotten: A Historical View of the Discrimination of Chinese Americans in Public Schools Joyce Kuot "Separate but equal" public schooling is less often identified with the Asian American struggle for equality, but as Ms. Kuo documents, the Chinese American community in San Francisco was engaged in a protractedstrugglefor access to educationalfacilitiesfrom which they were legally excluded. In an environment hostile to "Orientals," attempts to gain access through the courts subsequently by applying politicalpressure proved to be largely unsuccessful and compelled pragmatic but unsatisfactory alternativesfor educating Chinese American children. But as the Chinese American population in San Francisco expanded and the segregationist sentiment eroded, de jure segregation slowly became defacto segregation. Table of Contents 182 I. Introduction ........................................................... 184 II. Understanding the Historical Context ........................................... III. Establishing the Separate But Equal Doctrine for Chinese 189 Americans in Schools ..................................................... 190 A. Creating an Exclusion Policy ............................................. 193 B. A Community Divided: To Fight or Not Fight ....................... 195 C. Changing the Policy from Exclusion to Segregation .............. 200 IV. Appealing to the U.S. Constitution ............................................ A. Reinforcing State Authority to Provide "Separate But 201 Equal" Facilities ..................................................... B. Upholding the Constitutionality of Classifying Chinese 202 Americans as "Colored" . ................................................ V. Turning to the Political Arena: Distinguishing the Japanese 205 Experience ............................................................ 209 VI. Crumbling the Barrier of Segregation One Piece at a Time .......... 211 VII. Conclusion ............................................................ © 1998 Asian Law Journal, Inc. t J.D. expected 1999, Stanford Law School. I would like to acknowledge Gordon Chang, Gerald Gunther, Lawrence Friedman, and Mark Kelman for their advice and suggestions in the initial stages of this research. In addition, I would like to personally thank Amy Korytowski and Peter Beyersdorf for their assistance, understanding and support throughout the project. ASIAN LA WJOURNAL [Vol. 5:181 I. INTRODUCTION Brown v. Board of Education' is commonly considered to be one of the most critical decisions handed down by the United States Supreme Court.2 It has been particularly crucial for the Black American community 3 who directly benefited from the decision to desegregate the schools. Yet, in 1971, Justice William Douglas revealed that "Brown v. Board of Education was not written for Blacks alone.... ,4 Instead the Court explained that the segregation of Chinese Americans from the California public school system "was the classic case of de jure segregation involved in Brown v. BoardofEducation .... , Despite the fact that Chinese Americans have both the longest presence in this country 6 and the longest history of discrimination 7 of any Asian group, the history of discrimination against Chinese Americans in the public schools is often forgotten. In addition, the Chinese American community's efforts to challenge the system have also been overlooked. Explained one scholar, "Most people know about Brown v. Board of Education and the cases leading up to it, in which African Americans challenged segregated school systems, but few people know that Asian Americans also challenged the legality of segregated schools." 8 As a result, discussions about discrimination in education often perpetuate the false perception that only Black Americans were affected by the "Separate but Equal" doctrine. 9 1. 347 U.S. 483 (1954). 2. See Michael J. Klarman, Brown, Racial Change, and the Civil Rights Movement, 80 VA. L, REV. 7, 8 (1994). The case has also been called the "Case of the Century" for its "profound and pervasive" effect. See Paul E. Wilson, The Genesis of Brown v. Board of Education, 6 KAN. JL. & PuE, POL'Y 7, 7 (1996). 3. Because the plaintiffs in the case were Black Americans who sought admission to the allwhite public schools in their communities, see Brown, 347 U.S. at 486, it is no surprise that the case is most often viewed in the context of Black American history. 4. Guey Heung Lee v. Johnson, 404 U.S. 1215,1216 (1971). 5. Id. at 1215-16. 6. See H.M. Lai, Forewordto VICTOR Low, THE UNIMPRESSIBLE RACE ix, ix (1982); Kenyon S. Chan & Sau-Lim Tsang, Overview of the EducationalProgress of Chinese Americans, in THE EDUCATION OF ASIAN AND PACIFIC AMERICANS: HISTORICAL PERSPECTIVES AND PRESCRIPTIONS FOR THE FUTURE 39, 39 (Don T. Nakanishi & Marsha Hirano-Nakanishi eds., 1983). The first Chinese immigrants arrived in America immediately after the Declaration of Independence. Lai, supra, at ix. 7. See IRVING G. HENDRICK, THE EDUCATION OF NON-WHITES IN CALIFORNIA, 1849-1970, at 29 (1977). 8. Robert S. Chang, Toward an Asian American Legal Scholarship: Critical Race Theory, Post-Structuralism,and Narrative Space, 81 Cal. L. Rev 1241, 1294 (1993), 1 ASIAN L.J. 1, 54 (1994). 9. In general, when one considers racism and discrimination, particularly during the late 1800s, issues between Black and White Americans are usually the one ones that come to mind, See Earl M. Maltz, The Federal Government and the Problem of Chinese Rights in the Era of the Fourteenth Amendment, 17 HARV. J.L. & PUB. POL'Y 223, 223 (1994). See generally Deborah Ramirez, Multi- 1998] EXCLUDED, SEGREGATED AND FORGOTTEN To dispel the perception that Chinese Americans were not victims of discrimination in public schools, this Comment discusses the discrimination faced by Chinese Americans in the public school system from 1850 to 1930. Since the largest concentration of Chinese Americans lived in San Francisco, California, during the late 1800s, 10 much of the discrimination occurred in this city. Historical research has therefore concentrated on the San Francisco School Board's and the California state legislature's efforts to exclude and then segregate Chinese Americans. Thus, this Comment will focus on the impact of the discriminatory practices and the local efforts by the Chinese American community to surmount these barriers to public school education in San Francisco." This Comment is divided into five parts. The first part provides a historical framework for examining the discrimination against Chinese Americans in the public schools. This historical context is helpful because it reveals the prevalence of the resentment towards the Chinese living in the U.S. during the late 1800s and early 1900s. Although this is only a cursory discussion, this part indicates that the resentment created a political, economic and social environment which facilitated the passage of exclu (...truncated)