De Facto
De facto describes a condition that exists in practice rather than being established by law. In school-segregation cases, the distinction from de jure segregation turns on purpose or intent: the Court described de facto segregation as arising from actions not associated with the state.
De facto describes a condition that exists in practice rather than being established by law. In school-segregation cases, the distinction from de jure segregation turns on purpose or intent: the Court described de facto segregation as arising from actions not associated with the state.
Example: In Keyes v. School District No. 1 (1973), the Supreme Court considered Denver schools where no statutory dual system had been imposed and explained that purpose or intent to segregate distinguishes de jure from de facto segregation.
Common misconception: A common misconception is that segregation is de facto whenever no segregation statute exists. In school cases, purposeful school-board actions can make segregation de jure even without a statute.
Sources: National Archives, “Keyes v. School District Number One, Denver, Colorado”; Constitution Annotated, “State Action Doctrine”