North Carolina
J.S. Johnson, a white man, married a woman who had less than 1/8 “Black blood,” as was legal per North Carolina state law. They had four children: Arthur, Fannie, Carl, and Andrew. Johnson sent his oldest child, Arthur, to the local white public school. A teacher sent Arthur home after two days because the school classified him as Black. Because Mrs. Johnson had less than 1/8 “Black blood,” the Johnsons’ marriage was not considered an interracial marriage. Therefore, under the law, Johnson believed the children should have been classified as white. Johnson demanded that his children be allowed to attend the district’s white school. The Board of Education claimed his children could not attend the white school because they had "negro blood in their veins.” On February 10, 1914, the case was heard in the Wilson County Superior Court. Johnson provided evidence the community treated their family as white. The Court ruled in favor of Johnson explaining that the Board overstepped the marriage law in preventing his children from attending white schools. The Board of Education appealed the case to the Supreme Court of North Carolina. The state constitution at that time said, “No child with negro blood in his veins, however remote the strain, shall attend a school for the white race.” Citing this, the Court ruled in the Board's favor, saying that despite the legal marriage, the children were still considered Black because they had Black ancestry. The lower court’s ruling was reversed, and the Johnson children were not allowed to attend the white school. [257 words]