1.5 Sherman D. Scruggs, 11th President of Lincoln University, 1938-1956

The LU Board of Curators ordered its president, Sherman Scruggs, to have a law school up and running and ready for Lloyd Gaines by September 1, 1939. This task seemed insurmountable; establishing a law school on an equal par with that of MU in eight months would, in the least, be miraculous.

1.6 School of Law, Lincoln University

Another dilemma also had to be dealt with; Lloyd Gaines was determined to attend law school, not just anywhere but at the University of Missouri. Shortly after the Supreme Court decision, Lloyd Gaines left his civil service job in Michigan and returned home to St. Louis, arriving on New Year’s Eve, 1938. In the meantime, to pay his bills, he took a job as a filling station attendant. On January 9, 1939, Gaines spoke to the St. Louis chapter of the NAACP. He told them he stood “ready, willing, and able to enroll at MU.” Gaines later quit his gas station job. He explained to his family that the station owner substituted inferior gas and that he could not, in good conscience, continue to work there. In the meantime, the state Supreme Court sent the Gaines case back to Boone County to determine whether the new law school at Lincoln would comply with the US Supreme Court’s requirement of “substantial equality.”

1.2 News Article About US Supreme Court Justices Rule in Favor of Lloyd Gaines by 6 to 2 Vote in The Call Newspaper

Following the decision, northern newspapers hailed it as “the Supreme Court speaking out in defense of the quality of human rights.” The Kansas City Call, one of the leading black newspapers in Missouri, declared, “If keeping the races separate is so important to Missourians that coeducation is unthinkable then let them count the cost!” The NAACP’s long-term plan for casting financial burden upon the Jim Crow states was now a reality.

2.1 Lloyd Gaines close up image

Charles Hamilton Houston and other NAACP attorneys assembled in early October 1939 to take depositions in preparation for the hearing scheduled a week later in Columbia to determine whether the university had complied with the Gaines decision. Attorneys took depositions from all of the instructors of the new LU law school as their preparation for the court proceedings wound down. The deposition of Lloyd Gaines was next. Attorneys planned to ask Gaines whether he considered Lincoln to be as good of a law school as Missouri and whether he planned to enroll. Called for questioning, Gaines did not respond. He could not be located anywhere. Lloyd’s mother, Callie Gaines, recalled that in January her son “left here to go to Kansas City to make a speech. That’s the last I saw of him.” While in Kansas City, Gaines spoke at the Centennial Methodist Church. He also looked for work, but not finding any caught a train for Chicago, telling people in Kansas City that he would stay a few days and return home.

2.2 Chicago YMCA

In Chicago, Lloyd rented a room at the YMCA; searching for employment for the next few weeks.

2.3 Eddie Mae Page, Friend of Lloyd Gaines in Chicago

During this time Lloyd Gaines took meals at the home of Eddie Mae Page; a friend from St. Louis. Running low on funds, he stayed at the Alpha Phi Alpha house where members took up a collection for him. On a rainy night, March 19, 1939, Lloyd Gaines told friends that he was going to buy stamps and would be right back. To this day, Lloyd L. Gaines has never been located.

2.4 "The Strange Disappearance of Lloyd Gaines"

The May 1951 Ebony Magazine Article "The Strange Disappearance of Lloyd Gaines"

2.5 J. Edgar Hoover FBI Director 1935-72

Many theories, much speculation and a considerable amount of guessing can be attributed to the sudden and complete disappearance of Lloyd Gaines. Known as a loner and having a habit of taking off for days at a time, the whereabouts of Lloyd was not a concern to his family. In fact, Gaines wrote to his mother three weeks before he vanished that if she did not hear from him he would be okay. Local and federal authorities, including the FBI were not notified immediately of his disappearance. Houston and the NAACP lawyers had not been in contact with Gaines for several months.

2. 6 Memorial for Lloyd Gaines, St. Peter's Cemetery, Normandy, St. Louis County, Missouri

What happened to Gaines? There are many ideas ranging from being murdered or lynched, being bribed to run away, or disappearing on his own to get away from the pressure of celebrity. That final possibility was brought about by Dr. Greene, who claimed that a man who sounded like Gaines had phoned him while in Mexico and wished to meet. The man never showed up. A recent theory is one of where Lloyd was kidnapped by opponents of the Gaines court decision who took him to Jefferson City and lynched him in McClung Park. All of these theories are speculation and the fact remains that Lloyd Gaines’ whereabouts are a mystery to this day.

3.3 University of Missouri awarded a law degree to Lloyd Gaines in 2006

In 2006, a law degree was posthumously awarded to Lloyd and accepted by his nephew, George Gaines.

3.1 Lincoln University Law School

Despite his sudden disappearance, Lloyd Gaines’ impact had a resounding effect in many ways. The successful bridging of the gap from segregation to integration in the United States educational system was initiated because Gaines sought to be treated equally and fairly by the established powers. Much of the credit goes to the NAACP legal team, especially Charles Hamilton Houston’s dedication and expertise. However, without the initial action of Lloyd Gaines applying to the University of Missouri, there would have been no case. Additionally, the Lincoln University School of Law was founded due to the results of the Gaines case. Although it was only in operation for 16 years, it provided opportunities for those who had been denied previously.

3.2 Lloyd L. Gaines/Marian O'Fallon Oldham Black Culture Center at University of Missouri

Lloyd Gaines’ memory has been honored most notably by the University of Missouri. In 1995, a law scholarship in his name was established at the institution. Also, in 2001, MU opened the Gaines/Oldham Black Culture at MU which shares his name.

3.4 University of Missouri Doctor of Law Degree to Lloyd Lionel Gaines

On May 13, 2006, University of Missouri awarded Lloyd Gaines Doctor of Law degree.

3.5 The Missouri State Supreme Court Conferred a Honorary Law License for Lloyd Gaines.

On September 28th, 2006, the Missouri State Supreme Court conferred a posthumous law license for Mr. Gaines.

Religion, Democracy and the Public Sphere

Throughout the development and maturation of the American democratic experience, religiously inspired conduct has contributed significantly to democratically progressive political concerns such as the abolition of slavery and campaigns for civil rights, but also the encouragement and perpetuation pf anti-democratic practices such as the institution of slavery and policies of racial segregation. It may be rarely admitted, but there is no essential conceptual affinity between conduct proper to democratic political association. It may, therefore, be useful in our own political circumstances to try to determine boundaries for conduct that expresses and satisfies compatibly both religious and democratic commitments. Perhaps most Americans do recognize – if not in their own cases, at least in reference to the beliefs and actions of others – that religiously inspired conduct is neither thereby justified morally or legally nor absolved from further critical appraisal. Certainly, the history of American legal practice shows that religious belief or inspiration does not serve as acceptable legal defense for conduct charged as criminal infraction. The U.S. Constitution contains only two references to religion: the non-establishment clause prohibits governmental institutionalization of religious beliefs or liberty rights – is limited in scope and application both by other constitutional rights of individuals and by constitutionally authorized powers of government. As the U.S.S.C. has repeatedly held, individual constitutional features must be understood in a manner that harmonizes all stated and implied constitutional features, not by unbridled abstractions of selected phrases. Under the American legal system, there is no absolute or unlimited right to free exercise of religion: not everything done publicly under religious inspiration is legally permissible; what is otherwise illegal conduct is not legalized by religious inspiration. In important respects, general features of the legal boundaries concerning religiously inspired conduct in public life are reasonably clear; nevertheless, broader issues concerning further moral or ethical constraints upon religiously inspired conduct remain unresolved and rarely addressed explicitly.