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Storyline · 1973–1984

The Minority Court and the guaranteed minority seats, 1973–1984

In 1973 UNC's student attorney general ended the Minority Court, which let Black defendants be tried by a court with three minority justices added. After the Black Student Movement pressed for it, the court was restored that November, and a reform of the student courts approved in 1973 and 1974 wrote minority members into the new Undergraduate Court, which took effect in October 1974. Two students' 1974 suit, Uzzell v. Friday, also challenged the guaranteed minority seats on the Campus Governing Council and the Honor Court. A federal appeals court struck them down in 1977 and again in 1979, after the Supreme Court's Bakke decision, and late in 1979 it agreed to hear the case once more. The appeals court sent the case back to the district court in 1980, and in 1984, after a trial in Durham, Judge Frank W. Bullock Jr. ruled the reserved seats unconstitutional.

1973–1984 Part of Black student activism at UNC 18 dated events

The Honor Court's Minority Court let a Black student charged under the honor system choose a court of ten, the regular seven justices and three minority justices. The student attorney general ended it when he took office in the spring of 1973, saying it had never been ratified, and Black Ink said Black student leaders had not been consulted. Black Student Movement chairman Willie Mebane pressed Chancellor N. Ferebee Taylor, who opposed the court, to restore it, and on November 13, 1973 student body president Ford Runge announced that the court, created by the legislature in 1969, was legal and would stay. On December 3 Taylor approved a reform of the student courts that merged the men's, women's and honor courts into one Undergraduate Court with minority members and let minority and women defendants ask for a panel with at least four of seven judges of their race or sex. Students approved it 2,773 to 804 on February 27, 1974, the Faculty Council approved it unanimously on March 29, and the Instrument of Student Judicial Governance took effect on October 8, 1974, with a 42-member Undergraduate Court that had at least 12 members of non-majority races.

The 1974 suit against student-fee funding of the Black Student Movement also challenged the minority seats on the Campus Governing Council and the Honor Court. On September 17, 1975 Chief Judge Eugene A. Gordon dismissed the suit, holding the funding question moot because the BSM had opened its membership, and dismissed the challenges to the seats. On January 5, 1977 the Fourth U.S. Circuit Court of Appeals upheld the fee funding but ruled that the Student Constitution's guarantee of at least two minority-race members on the council, and the rule letting minority defendants ask for a court mostly of their own race, violated the Fourteenth Amendment and the Civil Rights Acts. In February BSM chair Jackie Lucas told Chancellor Taylor and the state's lawyers that the organization would do whatever it took to keep Minority Court and the council seats. The court refused the University's request for a rehearing on February 28 but agreed on March 21 to rehear the case, and student body president Bill Moss said he would appoint a minority member to the council, which then had one. On July 28 the full court upheld the ruling 4 to 3, and in October the state asked the U.S. Supreme Court to review it, arguing that the appeals court had ignored the difference between benign and invidious uses of racial classifications. In late June 1978 the Supreme Court set the decision aside and sent the case back for review in light of its Bakke decision; student body presidents had made no such appointments while the suit was pending. On February 5, 1979 the full Fourth Circuit ruled 4 to 3 that the council seats and the Honor Court rule letting a defendant ask that four of the seven judges be of his or her own race or sex were reverse discrimination, and the state asked for a stay so the council's appointed minority member could keep her seat. By November the court had agreed to reconsider, after University lawyers argued that a senior judge in the majority could not vote on a full-court review; the case, Uzzell v. Friday, was making its fourth trip to a federal appeals court.

On January 7, 1980 the Fourth Circuit heard the case again, with lawyers from the state attorney general's office arguing once more that no one had been injured by the rules. By late August it had sent the suit back to the district court to be heard again in light of the Supreme Court's 1978 Bakke decision; student body president Bob Saunders wanted the attorney general to carry the case through the full appeals process. Testimony in the trial in U.S. District Court in Durham ended on September 7, 1983. The rules then required at least two minority members on the Campus Governing Council, set aside Undergraduate Court seats for minority students and let a minority defendant ask for a minority majority on the trial panel, and the University defended them as academic freedom and as part of meeting its 1981 desegregation consent decree. In the week of August 20, 1984 Judge Frank W. Bullock Jr. ruled against the University, holding that the rules reserving seats for Black students on the council and the student Supreme Court violated the equal protection clause. Student body president Paul Parker said the provision should stay until the case was appealed.

Towns
Chapel Hill
People with pages
2

The events, date by date

Every statement above comes from these dated entries in the chronology. Each links to its source.

  1. The student attorney general ends the Honor Court's Minority Court The student attorney general discontinued the Honor Court's Minority Court when he took office in spring 1973, so that it would not sit from the fall. The court let a Black student charged under the honor system choose a ten-member court, the regular seven justices plus three minority justices. He said it had been approved by Student Legislature but never ratified. Black Ink said Black student leaders were not consulted and called the change improper without a referendum. Place: University, Chapel HillBlack Ink (Black Student Movement, UNC), October 1973, p. 3 · Also: The Daily Tar Heel, November 14, 1973, p. 1; The Daily Tar Heel, December 4, 1973, p. 1
  2. Student body president Ford Runge reinstates the Minority Court After the student attorney general dropped the Minority Court on taking office, BSM chairman Willie Mebane pressed Chancellor N. Ferebee Taylor, who opposed the court, to restore it. At a meeting on Monday, November 12, the attorney general pointed to a clause letting the Student Legislature correct inequities affecting minorities, and the next day, November 13, 1973, student body president Ford Runge announced that the court, created by the legislature in 1969, was legal and would stay. People: N. Ferebee Taylor Place: University, Chapel Hill · Also named: Willie Mebane, Ford RungeBlack Ink (Black Student Movement, UNC), December 1973, p. 2 · Also: The Daily Tar Heel, November 14, 1973, p. 1; The Daily Tar Heel, October 25, 1973, p. 6
  3. Chancellor Taylor approves a student judicial reform that writes in a minority court Taylor approved the overhaul of the student courts begun in 1969, which would merge the men's, women's and honor courts into one Undergraduate Court with at least 12 of its 42 judges from a minority race and let minority and women defendants ask for a trial panel with at least four of seven judges of their race or sex. It would also separate student court records from academic records; it still needed the Campus Governing Council, a student referendum and the Faculty Council, and Taylor set the end of spring 1974 as his deadline. People: N. Ferebee Taylor Place: University, Chapel HillThe Daily Tar Heel, December 4, 1973, p. 1
  4. The Faculty Council approves the student judicial reform with its minority court provision The Faculty Council unanimously approved the Instrument of Student Judicial Governance, the last step after Chancellor N. Ferebee Taylor's approval in December and the students' 2,773 to 804 referendum vote on February 27. Taking effect in the fall, it merged the Men's, Women's and Honor courts into one Undergraduate Court of 42 members, 14 of them minority students, let a defendant ask that four of the seven judges share his or her race and sex, and put students on the new University Hearings Board that heard appeals. People: N. Ferebee Taylor Place: University, Chapel HillThe Daily Tar Heel, April 1, 1974, p. 1
  5. UNC's new student court system replaces the Honor Courts With the Campus Governing Council's approval of 24 appointees to the new Undergraduate Court, the Instrument of Student Judicial Governance took effect, replacing the men's and women's courts and Honor Courts with residence courts and a 42-member Undergraduate Court with at least 14 women, 14 men and 12 members of non-majority races, and putting students on the appeals board. People: N. Ferebee Taylor Place: Chapel HillSearch the index · The Daily Tar Heel, October 14, 1974, p. 2
  6. A federal judge dismisses the suit against student-fee funding of the Black Student Movement Chief Judge Eugene A. Gordon of the U.S. Middle District Court dismissed the 1974 suit by two UNC law students seeking to end student-fee funding of the Black Student Movement, holding the main issue moot because the BSM had opened its membership to all students. He also dismissed challenges to minority seats on the Campus Governing Council and the Honor Court, but condemned University officials for having funded a group open only to Black students. Place: U.S. District Court, Greensboro · Also named: Eugene A. GordonThe Daily Tar Heel, September 19, 1975, p. 1
  7. A federal appeals court strikes down UNC's racial seat and jury rules but upholds fee support for the BSM In the suit two former students brought in 1974, the 4th U.S. Circuit Court of Appeals ruled that the Student Constitution's guarantee of at least two minority-race members on the Campus Governing Council, and the judicial rule letting minority students ask for a predominantly minority jury, violated the Fourteenth Amendment and the Civil Rights Acts of 1871 and 1964. It upheld funding the Black Student Movement from student fees, since the BSM had opened its membership in September 1974. People: William C. Friday, N. Ferebee Taylor Place: Chapel Hill (4th U.S. Circuit Court of Appeals)The Daily Tar Heel, January 14, 1977, p. 1
  8. BSM leaders tell Chancellor Taylor they will fight the court ruling on minority seats The Fourth Circuit Court of Appeals ruled on January 5 that the BSM could keep receiving student fees but struck down the guaranteed minority seats on the Campus Governing Council and the Honor Court's promise of a half-minority jury. At a meeting with Chancellor N. Ferebee Taylor and state lawyers, BSM chair Jackie Lucas said the organization would do whatever it took to keep Minority Court and the council seats; the university had asked for a rehearing on January 24. People: N. Ferebee Taylor Place: University, Chapel Hill · Also named: Jackie LucasBlack Ink (Black Student Movement, UNC), February 22, 1977, p. 3
  9. The federal appeals court agrees to rehear the case against UNC's guaranteed minority seats The U.S. Fourth Circuit Court of Appeals agreed to rehear the case in which, on January 5, it had struck down two sections of the UNC student constitution: one guaranteeing at least two minority-race members, two men and two women on the Campus Governing Council, and one letting minority defendants ask for an honor court jury made up mostly of minority students. The court had refused the University's request for a rehearing on February 28; Black Student Movement leader Byron Horton welcomed the change, and student body president Bill Moss said he would appoint a minority member to the council, which then had only one. Place: University, Chapel Hill · Also named: Bill Moss, Byron HortonSearch the index · The Daily Tar Heel, March 24, 1977, p. 1
  10. Federal appeals court upholds the ruling against UNC student government's minority seats By a 4-3 vote the full Fourth Circuit Court of Appeals upheld its panel's ruling that student government rules violated the Fourteenth Amendment and the Civil Rights Acts by letting an accused student ask that four of seven Honor Court judges be of his or her race or sex and by requiring at least two minority members on the Campus Governing Council. The state attorney general's office said it would ask the U.S. Supreme Court to hear the case, brought in 1974 by two students who also challenged student-fee funding of the Black Student Movement. Place: Campus Governing Council, University, Chapel HillThe Daily Tar Heel, August 25, 1977, p. 4
  11. UNC asks the U.S. Supreme Court to hear the student minority-seat case Through N.C. Senior Deputy Attorney General Andrew Vanore, the University petitioned the U.S. Supreme Court to review the Fourth Circuit's ruling against student constitution rules that required Black and women members on the Campus Governing Council and let an accused student ask for an Honor Court bench of his or her own race or sex. The state argued that the appeals court had ignored the difference between benign and invidious uses of racial classifications. Place: UNC, Chapel Hill · Also named: Andrew VanoreThe Daily Tar Heel, November 3, 1977, p. 1
  12. The U.S. Supreme Court sets aside the ruling against UNC's minority seats on the student council The U.S. Supreme Court set aside a 1977 federal appeals court decision that had struck down UNC student laws requiring at least two Black members on the 21-member Campus Governing Council and letting minority students ask for Honor Court judges of their own race or sex, and sent the case back for review in light of its Bakke decision. Student body presidents had made no such appointments while the suit, brought by two white students in 1974, was pending. Place: University, Chapel HillThe Daily Tar Heel, July 6, 1978, p. 3
Show all 18 dated events
  1. Federal appeals court rules UNC's minority seats on the student council and Honor Court unlawful Rehearing the case at the Supreme Court's direction after the Bakke decision, the full Fourth Circuit Court of Appeals ruled 4-3 that the student constitution's guarantee of at least two minority members on the Campus Governing Council, and the Honor Court rule letting a defendant ask that four of the seven judges be of his or her own race or sex, were reverse discrimination. The ruling reversed the court's earlier decision in the suit two white students had filed in 1974; on February 22 the state's lawyers asked for a stay so the council's appointed minority member could keep her seat while UNC weighed a Supreme Court appeal. Place: U.S. Court of Appeals for the Fourth Circuit, Richmond; Campus Governing Council and Honor Court, University, Chapel HillThe Daily Tar Heel, February 6, 1979, p. 1
  2. The federal appeals court agrees to rehear Uzzell v. Friday on UNC's minority student-government seats The U.S. 4th Circuit Court of Appeals decided to reconsider its February 1979 ruling, by a 4-3 vote, that UNC's rule reserving at least two of the 20 Campus Governing Council seats for minority students was reverse discrimination. University lawyers had argued that one judge in the majority, a senior judge, could not vote on a full-court review; the case, brought in 1974, was making its fourth trip to a federal appeals court. Place: Campus Governing Council, University, Chapel HillThe Daily Tar Heel, November 27, 1979, p. 1
  3. The federal appeals court rehears the challenge to minority seats on UNC's Honor Court and student council On January 7, 1980, the 4th U.S. Circuit Court of Appeals heard for the fourth time a reverse discrimination suit against UNC's rules ensuring minority members on the Honor Court and the Campus Governing Council. Lawyers from the state attorney general's office argued again that no one had been injured by the rules. Place: University, Chapel Hill (case in the 4th U.S. Circuit Court of Appeals)The Daily Tar Heel, January 15, 1980, p. 2
  4. A federal appeals court sends back the challenge to reserved minority seats in UNC student government The U.S. 4th Circuit Court of Appeals ordered a lower court to rehear a suit by two white former students against student bylaws that reserved seats for minority students on the Campus Governing Council and let a student ask for an Honor Court majority of his or her own race, directing it to weigh the Supreme Court's 1978 Bakke decision. It was the third time the Richmond court had heard the case; Student Body President Bob Saunders wanted the state attorney general to carry it through the full appeals process. Place: University, Chapel Hill · Also named: Bob SaundersThe Daily Tar Heel, August 25, 1980, p. 10
  5. Testimony ends in the federal trial over minority seats in UNC student government Testimony ended on September 7, 1983, in U.S. District Court in Durham in a reverse-discrimination suit first filed in June 1974 by two UNC students against student rules requiring at least two minority members on the Campus Governing Council, setting aside 14 of the 42 Undergraduate Court seats for minority students and letting a minority defendant ask for a minority majority on the trial panel. The University defended the rules as academic freedom and as part of meeting its 1981 consent decree, and Judge Frank Bullock was not expected to rule for at least a month. Place: U.S. District Court, Durham · Also named: Frank BullockSearch the index · The Daily Tar Heel, September 8, 1983, p. 1
  6. Federal judge rules that seats reserved for minority students in UNC student government are unconstitutional U.S. District Judge Frank W. Bullock Jr. ruled against the University in the decade-old reverse discrimination suit over student government, holding that rules reserving seats for Black students on the Campus Governing Council and the student Supreme Court violated the equal protection clause. The student constitution required at least two minority members of the council, and the judicial instrument eight minority members of the 30-member court; Student Body President Paul Parker said the provision should stay until the case was appealed. Place: UNC student government, Chapel Hill · Also named: Frank W. Bullock Jr., Paul ParkerThe Daily Tar Heel, August 28, 1984, p. 1

People in this storyline

People with a page of their own whom the dated events above name, those named most often first.

Reading on the places and people in this storyline

No indexed work is about this storyline itself yet. These are about the sites and people its dated events name, those named most often first, so they may discuss the storyline only in part. Follow a link to find a copy or view the material.

About N. Ferebee Taylor · named in 6 of this story’s entries

Chancellor Taylor at Morehead Planetarium

Morton, Hugh M. · 1973

Chancellor N. Ferebee Taylor of UNC-Chapel Hill stands before the sundial at Morehead Planetarium in June 1973, on a color slide by Hugh Morton.

Wider background: Black Life & Civil Rights · the most widely held histories of the theme this storyline is filed under; they may not discuss it

To Free A Family

Nathans, Sydney · 2012 · Harvard University Press

Sydney Nathans's biography of Mary Walker, an enslaved woman from Orange County who escaped to the North in the mid nineteenth century and spent the following decades in Cambridge, Massachusetts, working to free the family she had left behind. Chapter titles trace her flight, her years among Northern friends, a rescue plot, a long silence, and the reunion that gives the book its close. Published 2012 by Harvard University Press, 330 pages with 20 pages of plates, illustrations and maps.

Reviewed in Choice Reviews Online (2012), Civil War Book Review (2012).

The Free Men

Ehle, Jr., John Marsden · 1965

John Ehle's account of the civil rights demonstrations in Chapel Hill in 1963 and 1964 and the young people who led them, first published by Harper & Row in 1965. This reprint from Lewisville, North Carolina adds an afterword by Wayne King. Civil rights and race relations in Chapel Hill are its subjects. 340 pages with illustrations and portraits.

To Drink from the Well: The Struggle for Racial Equality at the Nation’s Oldest University

Kapur, Geeta · 2021

Geeta Kapur's history of race at the University of North Carolina at Chapel Hill, from the enslaved labor that built the campus through desegregation and the Black student protests that followed. Twelve chapters, with a foreword by William Barber II, move from the founding era and the Great Depression controversies to the state's response to integration and the turmoil of later decades; North Carolina Central University also figures. Published 2021 by Blair in Durham.

Frank Porter Graham and the 1950 Senate Race in North Carolina

Pleasants, Julian M.; Burns, Augustus M., III · 1990 · UNC Press

Julian M. Pleasants and Augustus M. Burns III on the 1950 Democratic Senate primary in North Carolina, in which Frank Porter Graham, the former president of the University of North Carolina, lost to Willis Smith after a campaign marked by race-baiting. Primaries, elections and race relations in the state are its subjects. Published by UNC Press in 1990, 356 pages with illustrations.

Reviewed in Choice Reviews Online (1991), The American Historical Review (1991), Journal of American History (1991), The Journal of Southern History (1992).

Ribbons of Color Along the Eno River

2021

Collected first-hand and second-hand stories from the Eno River valley as told from the standpoint of African Americans and Native people who have lived along the river in Orange and Durham counties, from prehistory to the present day. Issued by the Eno River Association in Durham as volume 10, number 2 of the Eno Journal, 2021, 106 pages with illustrations.

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The Impact of Slavery on the Education of Blacks in Orange County, North Carolina 1619-1970

Moore, Rosetta Austin · 2015

Rosetta Austin Moore's survey of Black education in Orange County from the colonial era to 1970, in a revised edition published in 2015 through Lulu in Morrisville. After chapters on slavery nationally and on schooling for enslaved people in North Carolina, the book turns to the county: its formation, the growth of its schools, the arrival of free public schooling for all, and the schools and African American educators of the twentieth century. 265 pages with maps, portraits and facsimiles.

A Mind to Stay: White Plantation, Black Homeland

Nathans, Sydney · 2017

Sydney Nathans's history of a Black community in Hale County, Alabama, whose founders were enslaved people sent there before the Civil War from the Cameron family's plantations in Orange County, North Carolina. Instead of following the Great Migration out of the South, this group stayed, moved from bondage to owning the land they had worked, and held onto it across generations. Published 2017, 342 pages with plates and maps; this is the e-book edition.

Reviewed in Journal of American History (2017), Journal of Social History (2017), London review of books (2017), The Journal of the Civil War Era (2018), The Journal of Southern History (2018), Environmental History (2018), ˜The œAlabama review (2019), The Oral History Review (2019), ˜The œRegister - Kentucky Historical Society/˜The œregister of the Kentucky Historical Society (2020).

African Americans of Durham and Orange counties : an oral history

Bolduc, Jean · 2016 · The History Press

Jean Bolduc's collection of oral history interviews with Black residents of Durham and Orange counties, published by The History Press in 2016, 125 pages with photographs and portraits. The narrators are the poet Jaki Shelton Green, civil rights lawyer Floyd McKissick, Walter Jackson, Nate Davis, Brenda Stephens, Diane Wright, Jackie Wagstaff and Michelle Johnson, and a closing chapter deals with the Ku Klux Klan. The interviews document Black life and race relations in the two counties across the twentieth century.

Sitting In and Speaking Out: Student Movements in the American South, 1960-1970

Turner, Jeffrey A. · 2010 · The University of Georgia Press

Jeffrey A. Turner's study of student activism on Southern campuses between 1960 and 1970, arguing that the region's own movement has been overshadowed by attention to national groups such as SDS. Nine chapters move from the 1960 sit-ins through white students and desegregation, the rise of student power, Black Power on Black and white campuses, and the war's effect on the region. Chapel Hill is among the campuses treated. Published 2010, 366 pages, online edition.

Reviewed in Choice Reviews Online (2011), Journal of American History (2012).

Rogers Road

Pearce, Emily Eidenier · 2009

Emily Eidenier Pearce's history of Rogers Road, the historically African American neighborhood on the edge of Chapel Hill and Carrboro, and of what happened to it after Orange County opened its landfill next door in 1972. Drawing on interviews with residents, the book records the neighborhood's origins, family life, churches and customs, and then the environmental and social burdens of decades beside the landfill. Privately issued in 2009, 298 pages with illustrations, maps and portraits.

A Traitor and a Scoundrel: Benjamin Hedrick and the Cost of Dissent

Smith, Michael Thomas · 2003 · University of Delaware Press ; London : Associated University Presses

Michael Thomas Smith's biography of Benjamin Sherwood Hedrick, the University of North Carolina chemistry professor dismissed in 1856 after he declared support for the antislavery presidential candidate John C. Fremont. Published by University of Delaware Press in 2003, 216 pages with illustrations. Topics include abolitionists and dissenters in North Carolina, the antislavery movement in the state, and the university's biography before 1962.

Reviewed in The Journal of Southern History (2005).

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Friends of the Orange County Public Library. “The Minority Court and the guaranteed minority seats, 1973–1984.” Orange County Indexed, https://focplnc.org/orange-county-books/storylines/minority-court-storyline-1973/. Accessed October 22, 2026.

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