Runyon v. McCrary

1976-06-25

Headline: Court rules that a federal civil‑rights law bars private nonsectarian schools from excluding Black children, upholds injunctions forcing admission, and affirms damages while denying automatic attorneys’ fees to the schools.

Holding: The Court held that 42 U.S.C. § 1981 prohibits private, commercially operated, nonsectarian schools from denying admission to children because they are Black, and it upheld injunctions and damages while rejecting automatic attorneys’ fees.

Real World Impact:

Bars commercially operated private schools from racially excluding applicants.
Allows victims to seek damages for racial exclusion by such schools.
Limits attorneys' fee awards absent statute or bad‑faith showing.

Topics: school segregation, race discrimination, civil rights law, private school admissions

Summary

Background

Two Black children, Michael McCrary and Colin Gonzales, and their parents sued two private Virginia schools after being told the schools would not accept Negro students. The Southern Independent School Association intervened; it represents many private schools, some of which deny admission to Black students. The District Court found racial exclusion, ordered the schools to stop the practice, awarded modest damages, and assessed small attorneys’ fees. The Fourth Circuit affirmed the injunctions and damages and rejected the fee award, and the Supreme Court agreed to review whether 42 U.S.C. § 1981 covers private school admissions and related fee and timing issues.

Reasoning

The central question was whether § 1981 — the post‑Civil War law guaranteeing the right to make and enforce contracts without racial discrimination — reaches private, commercially run, nonsectarian schools that advertise and offer services to the public. The Court relied on prior decisions interpreting the 1866 law and held that § 1981 does apply to private acts of racial exclusion in this commercial context. The Justices rejected arguments that the law violated parental rights, privacy, or freedom of association here. The Court therefore affirmed the injunctions and damage awards and agreed with the courts below about the applicable state statute of limitations. It also agreed that attorneys’ fees cannot be awarded absent statutory authorization or a showing of bad faith.

Real world impact

The decision means open, commercially run private schools that solicit students cannot lawfully refuse applicants because of race. Families who are turned away on racial grounds can obtain court orders and monetary relief. The ruling does not automatically entitle winners to attorneys’ fees; fee awards remain limited.

Dissents or concurrances

A dissent argued § 1981 should not reach private refusals to contract and warned of broad social consequences. Concurring opinions stressed stare decisis and drew a line between public commercial offers and highly personal, private contracts.