Ohio

Weaver

vs

Board

Doris Weaver was a Black college student who attended The Ohio State University. While residing on campus, she was assigned to live with a white instructor rather than in a dorm with other students. The university claimed the student houses were full. Weaver sued the University, saying her rights had been violated. She took the case to the Supreme Court of Ohio, where it was heard by Judge Florence Allen, the first woman to serve on a state supreme court. The Court found that there had been no violation of any state law and affirmed the Ohio State University’s Board’s power to create the school’s rules. The Court said that so long as the Board’s rules were reasonable, provided similar facilities to both white and Black students, and gave both similar educational advantages, no constitutional rights were violated. Regarding living facilities, the Court believed the case was not about pursuing equal school advantages, but about having the same social circle, something not considered a right. The Court referred to Garnes v. McCann (1871), stating that “any classification which preserves substantially equal school advantages is not prohibited by either the State or federal constitution.” In her autobiography, Florence Allen stated that this case was one of the two decisions that were "used in an attempt to defeat my confirmation," and she defended her ruling. [224 words]

Further Reading

Court Decision

Only contains court decision (no summary or argument for one side or other). Relator asks for writ of madamus, which can be given when relator has had a right violated. main question: "whether the reg

ulations adopted by the respondents, who are Ohio State University officials, contravene the provisions of the State and Federal Constitutions. There is no violation of any state law. School board of Ohio State University has all the power to adopt rules. If the rules are reasonable and furnish similar facilities to the races and they both have similar educational advantages, no constitutional rights have been abridged. Involves living facilities, and court says it isn't about pursuing equal school advantages, but about having the same social circle. Refers to Garnes v. McCann case stating “Any classification which preserves substantially equal school advantages is not prohibited by either the State or federal constitution, nor would it contravene the provisions of either.” Writ is denied. (Also first woman judge ruled on this case)

Book

Autobiography of Florence Allen. Chapter 9 (Supreme Court of Ohio) Pages 91-92, she discusses Weaver v Board: Begins with summary, mentions that student Doris Weaver did not have have a roommate and that one of the houses was full so she was assignedto live with a white instructor. She states the Weaver case was one of the two decisions that was "used in an attempt to defeat my confirmation." She finishes by telling a story of a classmate of color she had met her first year at Western Reserve University. She states that while she was getting attacked for her decision, she asked that former classmate what she would have done if she was in the same situation as Doris. Apparently this classmate answered: "Why, Florence," she said, "I would have stayed right there and graduated and made it easier for some colored girl to follow me."

Court Decision

Only contains court decision (no summary or argument for one side or other). Relator asks for writ of madamus, which can be given when relator has had a right violated. main question: "whether the regulations adopted by the respondents, who are Ohio State University officials, contravene the provisions of the State and Federal Constitutions. There is no violation of any state law. School board of Ohio State University has all the power to adopt rules. If the rules are reasonable and furnish similar facilities to the races and they both have similar educational advantages, no constitutional rights have been abridged. Involves living facilities, and court says it isn't about pursuing equal school advantages, but about having the same social circle. Refers to Garnes v. McCann case stating “Any classification which preserves substantially equal school advantages is not prohibited by either the State or federal constitution, nor would it contravene the provisions of either.” Writ is denied. (Also first woman judge ruled on this case)

Photograph

Portrait of Florence Ellinwood Allen taken by Standiford Studio in Cleveland, Ohio. She was the first woman to serve on Ohio's highest court and the first woman to serve on the supreme court of any state. She was also one of the judges who ruled on Weaver v Board (concurred).