Lloyd Lionel Gaines (born 1911 – disappeared March 19, 1939) was the plaintiff in Gaines v. Canada (1938), one of the most important early court cases in the 20th-century U.S. civil rights movement. After being denied admission to the University of Missouri School of Law because he was African American, and refusing the university's offer to pay for him to attend a neighboring state's law school that had no racial restriction, Gaines filed suit. The U.S. Supreme Court ultimately ruled in his favor, holding that the separate but equal doctrine required that Missouri either admit him or set up a separate law school for black students.

The Missouri General Assembly chose the latter option. It authorized conversion of a former cosmetology school in St. Louis to establish the Lincoln University School of Law, to which other, mostly black, students were admitted. The National Association for the Advancement of Colored People (NAACP), which had supported Gaines's suit, planned to file another one challenging the adequacy of the new law school. While waiting for classes to begin, Gaines traveled between St. Louis, Kansas City and Chicago looking for work. He worked odd jobs and gave speeches before local NAACP chapters. One night in Chicago he left the fraternity house where he was staying and never returned. He was never seen again by anyone who knew or recognized him.

Gaines's disappearance was not noted immediately, since he frequently traveled independently and alone, without telling anyone his plans. Only in late 1939, when the NAACP's lawyers were unable to locate him to take depositions for a rehearing in state court, did a serious search begin. It failed, and the suit was dismissed. While most of his family believed at the time that he had been killed in retaliation for his legal victory, there has been speculation that Gaines had tired of his role in the movement and gone elsewhere, either New York or Mexico City, to start a new life. In 2007 the Federal Bureau of Investigation (FBI) agreed to look into the case, among many other missing persons cold cases related to the civil rights era.

His unknown fate notwithstanding, Gaines has been honored by the University of Missouri School of Law and the state. The Black Culture Center at the University of Missouri and a scholarship at its law school are named for him and another black student initially denied admission. In 2006 Gaines was posthumously granted an honorary law degree. The state bar granted him a posthumous law license. A portrait of Gaines hangs in the University of Missouri law school building.

Early life Born in 1911 in Water Valley, Mississippi, Gaines moved with his mother, Callie Gaines, and siblings to St. Louis, Missouri, in 1926 after the death of their father, Henry Gaines. Part of the Great Migration from rural communities in the South to industrial cities in the North, his family settled in the city's Central West End neighborhood. Gaines did well academically, and was a valedictorian at Vashon High School, one of the two historically all-black high schools in the area.

Gaines was placed in the fifth grade at fifteen years old because of his education in Mississippi. He caught up quickly, completing four years of grammar school in only two years and four years of high school in only three. While Gaines supported his family with an after-school job, he graduated first in his class.

After winning a $250 ($ in current dollars) scholarship in an essay contest, Gaines went to college. He attended Stowe Teachers College in St. Louis for one year before transferring. He graduated with honors and a bachelor's in history from Lincoln University, a historically black college in Jefferson City, Missouri. It was the state's segregated undergraduate institution for African Americans.

To cover the gap between his scholarship and the college's tuition, he sold magazines on the street. Gaines was elected as president of the senior class and a brother in the Alpha Phi Alpha fraternity.

Law school application

Following his 1935 graduation, during the Great Depression, Gaines unsuccessfully sought work as a teacher.

Around that time, NAACP lawyer Charles Hamilton Houston was looking for a plaintiff to bring a case challenging Missouri's Jim Crow laws that restricted the University of Missouri to white students. He sent St. Louis lawyer Sidney Revels Redmond, one of three dozen African Americans then admitted to the Missouri bar, to visit the university's Columbia campus, with instructions to take pictures of buildings that housed departments and courses of study not available at Lincoln University, and obtain admission forms.

In June 1935, Gaines had requested a catalog and admission form from Sy Woodson Canada, registrar, of the University of Missouri Law School. They were sent to his address at Lincoln in Jefferson City. By August he applied for admission, encouraged by Lorenzo Greene, a Lincoln University professor and veteran civil rights activist. Accounts vary as to whether Gaines did this on his own initiative or was encouraged by the NAACP, in order to have a plaintiff, without any interest in a legal career. When Redmond informed Houston that Gaines was willing to be a plaintiff, Houston initially asked for another candidate. Houston later accepted Gaines, when it became apparent he was the only available plaintiff, but never explained what his initial objections might have been.

At first Canada did not realize that Gaines was black, since the application form did not ask for prospective students to indicate their race. Only when he received Gaines' transcript from Lincoln University did he understand. He left Gaines's application on his desk, without taking any action, although the young man was otherwise qualified for admission to the law school. Canada sent Gaines a telegram urging him to meet with the registrar to discuss "further advice" and "possible arrangement". Gaines wrote both the president of Lincoln to ask what this meant, and to Frederick Middlebush, president of University of Missouri, requesting admission to the law school. Middlebush never replied.

Lawsuit

The official policy of Missouri was to pay the "out of state" expenses for education of African Americans who wished to study law until such time as demand was sufficient to build a separate law school within the state for them. At first Houston and Redmond hoped that the ruling in University of Maryland v. Murray (1936), which they had won when Maryland's Court of Appeals invalidated a similar provision there,University of Maryland v. Murray, 169 Md. 478, 182 A. 590, 1936. would persuade Missouri to allow Gaines to attend without legal resistance. They began planning security arrangements for him.

They filed a writ of mandamus in January 1936 ordering that Gaines's application be considered. When Middlebush asked the university's board how it should respond, the lawyers recommended defending their policy. They adopted a resolution formally denying Gaines's admission, arguing that segregated higher education was the public policy of the state, and that Gaines had the legal option of attending law school outside Missouri at the state's expense.

With Gaines's application formally denied, the mandamus petition was now moot. Houston and the NAACP filed another petition, State ex rel. Gaines v. Canada, arguing that the law school's refusal to admit him on racial grounds was a violation of his Fourteenth Amendment rights. The university responded with the same points it had made in the board's resolution. Further, it said that Gaines should have sued Lincoln to compel it to open a law school. Gaines and his lawyers argued in response that lawyers educated out of state lost the benefit of courses that were specific to Missouri law, as well as the connections and firsthand experience of the state's courts that were gained by an in-state legal education.Missouri ex rel. Gaines v. Canada, .

The NAACP did not expect to overturn the "separate but equal" standard set by the US Supreme Court's 1896 Plessy v. Ferguson decision, which allowed states to impose legal racial segregation, but to undermine it by requiring states that had segregated education to provide the "equal" part of the ruling. They targeted graduate and professional public institutions of higher learning. Unlike most other segregated facilities, these were few in number and under centralized state control. They expected that if the court ruled in their favor, segregationist states would realize they had to choose between the expense of developing duplicates of such institutions for a small group of African Americans and integrating existing facilities, and that those states would pragmatically choose the latter. Houston believed that, since such graduate schools served small portions of the population, attempts to integrate them would incite less public opposition than efforts to integrate public elementary and secondary schools. Lastly, judges had been educated in law schools and could be expected to understand the adverse effects of inequalities on students.

Houston and the other NAACP attorneys were encouraged in this strategy by their victory in Murray, two years earlier. In Missouri, the racial bar to attendance was by state law rather than administrative regulation. The NAACP hoped to get the US Supreme Court to hear the case and establish a precedent.

Trial

Houston, Redmond and Gaines drove to Columbia, Missouri for the July 1936 trial at Boone County Courthouse. They arrived as the courthouse was beginning to open for the morning. Due to that summer's severe heat and drought, many of the white farmers from surrounding communities were there, waiting to apply for financial relief. Some went into the courtroom to take in the unusual sight, at that time, of African-American lawyers arguing a case.James, 107–13.

They were joined by a hundred current University of Missouri law students, reporters, and a few local African Americans. Two recent local lynchings had discouraged most of the local black community from attending, although local NAACP chapters tried to encourage attendance. African Americans sat among the whites, since the courtroom facilities were not segregated. The lawyers for both sides shared a table, and shook hands before the case.

By the time the trial began, the heat outside already exceeded . The crowds and poor ventilation made it even hotter in the courtroom. Judge W.M. Dinwiddie suggested to the lawyers that he and they remove their jackets.

During his opening arguments, Houston reiterated that Gaines's exclusion from the law school solely on racial grounds violated his constitutional rights. Representing the state, William Hogsett conceded in his argument that Gaines was an excellent and qualified student with a right to a legal education, as long as it was somewhere other than the state university's law school. He noted that racial segregation was public policy of the state, codified in the constitution and laws enacted by its legislature elected by the people, which prohibited African-American students from attending University of Missouri law school.

Presentation of witnesses began with Gaines testifying on his own behalf that he wished to attend Missouri's law school because of its quality. He did not want to attend law school out of state, even at the state's expense, because Columbia was more convenient to his home in St. Louis than the law schools of neighboring states' universities. And at one of those schools, he would not be as able to develop the expertise in Missouri law necessary to practice in the state as he would be at Missouri's law school.