Facts
- Stephen Girard’s 1831 will created a charitable trust to establish and operate a “college” for “poor white male orphans” ages six to ten.
- Girard named the City of Philadelphia as trustee; Girard College opened in 1848 and was operated pursuant to the will’s terms.
- In 1869, Pennsylvania enacted a statute creating the Board of Directors of City Trusts of the City of Philadelphia to administer such trusts, including Girard College.
- In 1954, two Black applicants, Foust and Felder, applied for admission and met all criteria except race; the Board denied admission solely because they were Black.
- The applicants petitioned the Philadelphia Orphans’ Court for admission, alleging a Fourteenth Amendment violation; the Commonwealth of Pennsylvania and the City of Philadelphia participated and also asserted unconstitutionality.
- The Orphans’ Court denied relief, and the Supreme Court of Pennsylvania affirmed.
Issues
- Whether the Board operating Girard College under state statutory authority is an agency of Pennsylvania such that its conduct constitutes state action under the Fourteenth Amendment.
- If so, whether excluding otherwise qualified applicants solely because of race violates the Equal Protection Clause.
Decision
- The Court granted a motion to dismiss the appeal for lack of jurisdiction, treated the filings as a petition for certiorari, granted certiorari, and reached the merits.
- The Court held that the Board operating Girard College is an agency of the State of Pennsylvania.
- The Court held that, even acting as trustee of a privately funded charitable trust, the Board’s racially based exclusion constituted discrimination by the State.
- The Court reversed the Supreme Court of Pennsylvania and remanded for further proceedings consistent with its ruling.
Legal Principles
- A public body created and empowered by state law to administer and operate an institution acts as the State for Fourteenth Amendment purposes.
- State responsibility is not avoided because the public body is administering a private testamentary trust.
- Racial exclusion in a state-operated educational institution violates the Equal Protection Clause.
Conclusion
Because the Board operating Girard College functioned as a state agency, its refusal to admit qualified Black applicants solely on the basis of race was unconstitutional state discrimination under the Fourteenth Amendment, requiring reversal and remand.