On This Day

Fred Gray (attorney)

American attorney and activist (born 1930)

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Fred David Gray (born December 14, 1930) is an American civil rights attorney, preacher, activist, and state legislator from Alabama. He handled many prominent civil rights cases, such as Browder v. Gayle, and was elected to the Alabama House of Representatives in 1970, along with Thomas Reed, both from Tuskegee. They were the first black state legislators in Alabama in the 20th century. He served as the president of the National Bar Association in 1985, and in 2001 was elected as the first African-American President of the Alabama State Bar.

Born in Montgomery, Alabama, Gray attended the Loveless School, where his aunt taught, until the seventh grade. He attended the Nashville Christian Institute (NCI), a boarding school operated by the Churches of Christ, where he assisted NCI president and noted preacher Marshall Keeble in visiting other churches of the racially diverse nondenominational fellowship. After graduation, Gray matriculated at Alabama State College for Negroes, and received a baccalaureate degree in 1951. Encouraged by a teacher to apply to law school despite his earlier plans to become an historian and preacher, Gray moved to Cleveland, Ohio, and received a juris doctor degree from Case Western Reserve University School of Law in 1954. At the time there was no law school in Alabama that would accept African Americans.

After passing the bar examination, Gray returned to his home town and established a law office. He also began preaching at the Holt Street Church of Christ, where his parents had long been devout members.

In 1957, Gray fulfilled his mother's dream by becoming a preacher in Churches of Christ. In 1974, he helped merge white and black congregations in Tuskegee, Alabama, where he had moved. Gray also served on the board of trustees for Southwestern Christian College, a historically black college near Dallas, Texas affiliated with the Churches of Christ. In 2012 Lipscomb University in Nashville, Tennessee, also affiliated with the Churches of Christ bestowed a doctorate of humane letters honoris causa upon Gray in 2012. Gray once challenged Lipscomb's segregation practices.

During the Civil Rights Movement, Gray came to prominence working with Martin Luther King Jr. and E.D. Nixon, among others. In some of his first cases as a young Alabama attorney (and solo practitioner), Gray defended Claudette Colvin and later Rosa Parks, who were charged with disorderly conduct for refusing to seat themselves in the rear of segregated city buses.

After Alabama Attorney General John Malcolm Patterson effectively prohibited the NAACP from operating in Alabama in 1956, Gray provided legal counsel for eight years (including three trips through the state court system and two through federal courts) until the organization was permitted to operate in the state. He also successfully defended Martin Luther King Jr. from charges of tax evasion in 1960, winning an acquittal from an all-white jury.

Other notable civil rights cases brought and argued by Gray included Dixon v. Alabama (1961, which established due process rights for students at public universities), Gomillion v. Lightfoot (1962, which overturned state redistricting of Tuskegee that excluded most of the majority-black residents; this contributed to laying a foundation for "one man, one vote") and Williams v. Wallace (1963, which protected the Selma to Montgomery marchers). In another Supreme Court case, Gray was driven in his efforts to have the NAACP organize in Alabama after the group was forbidden in the state.

Alabama resisted integration of public schools following the U.S. Supreme Court's decision in Brown v. Board of Education (1954) that ruled segregation of public schools was unconstitutional. Gray successfully represented Vivian Malone and James Hood, who had been denied admission to the University of Alabama, and they entered the university despite Governor George Wallace's Stand in the Schoolhouse Door incident. In 1963 Gray successfully sued Florence State University (now University of North Alabama) on behalf of Wendell Wilkie Gunn, who had been denied admission based on race. Gray also led the successful effort to desegregate Auburn University. In 1963 Gray filed the Lee v. Macon County Board of Education case, which in 1967 led a three-judge panel of U.S. District Judges to order all Alabama public schools not already subject to court orders to desegregate. Lawsuits filed by Gray helped desegregate more than 100 local school systems, as well as all public colleges and universities in his home state.

In 1970, Gray, along with Thomas J. Reed, became the first African Americans elected as legislators in Alabama since Reconstruction. Gray's district included Tuskegee and parts of Barbour, Bullock, and Macon counties.

Gray's autobiography, Bus Ride to Justice, was published in 1994, and a revised edition in 2012.

On December 18, 2024, a portrait of Fred Gray, created by artist Michael Shane Neal, was unveiled at the National Portrait Gallery in Washington, DC, where it has since been included in the gallery's permanent collection.

Browder v. Gayle was a court case heard before a three-judge panel of the United States District Court for the Middle District of Alabama on Montgomery and Alabama state bus segregation laws. The panel consisted of Middle District of Alabama Judge Frank Minis Johnson, Northern District of Alabama Judge Seybourn Harris Lynne, and the fifth Circuit Court of Appeals Judge Richard Rives. On June 5, 1956, the District Court Ruled 2–1, with Lynne dissenting, that bus segregation is unconstitutional under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution to the U.S. Constitution.

Later the state and city would appeal the decision, which later went to the Supreme Court on November 13, 1956. A motion of clarification and the rehearing of the case was later declined on December 17, 1956.

Shortly after the beginning of the Montgomery Bus Boycott in December 1955, many black community leaders were discussing whether they would file a federal lawsuit to try to challenge the City of Montgomery and Alabama about the bus segregation laws.

About two months after the bus boycott began, civil rights activists reconsidered the case of Claudette Colvin. She was a 15-year-old who had been the first person arrested in 1955 for refusing to give up her seat on a Montgomery bus, nine months prior to Rosa Parks's actions. Fred Gray, E. D. Nixon, president of the NAACP and secretary of the new Montgomery Improvement Association: and Clifford Durr (a white lawyer who, with his wife, Virginia Foster Durr was an activist in the Civil Rights Movement) searched for the ideal case law to challenge the constitutional legitimacy of the Montgomery and Alabama bus segregation laws.

Gray later did research for the lawsuit and consulted with NAACP Legal Defense Fund attorneys Robert L. Carter and Thurgood Marshall (who would late become United States Solicitor General and the first African-American United States Supreme Court Justice). Gray later approached Claudette Colvin, Aurelia Browder, Susie McDonald, Mary Louise Smith, and Jeanetta Reese, all women who had been discriminated against by the drivers enforcing segregation policy in the Montgomery bus system. They all agreed to become plaintiffs in the federal lawsuit (except Jeanetta Reese due to intimidation by the members of the white community), thus bypassing the Alabama court system. Jeanetta Reese later falsely claimed she did not agree to the lawsuit which made the lawsuit an unsuccessful attempt to disbar Gray for supposedly improperly representing her.

On many occasions, Gray stated that he selected Aurelia Browder to be the case's lead defendant because he was convinced that she could carry this responsibility, stating things such as “I chose her because she was a matured person, and I thought she would make an excellent first witness if I needed to put someone on (the witness stand)."

Gray also represented plaintiffs in the class-action lawsuit about the controversial federal Tuskegee Syphilis Study (1932–1972). During the Great Depression, the study was changed to review untreated syphilis in rural African-American male subjects, who thought they were receiving free health care and funeral benefits. Gray filed the case, Pollard v. U.S. Public Health Service, in 1972, after a whistleblower reported the abuses to the Washington Star and The New York Times, which investigated further and published stories. In 1975, Gray achieved a successful settlement for $10 million and medical treatment for those 72 subjects still living of the original 399. (Penicillin had become a standard treatment by 1947, although research subjects were specifically denied that treatment as well as their true diagnosis.) The 40 subsequently infected spouses and 19 congenitally infected children were compensated with medical, health and burial benefits managed by the USPHS's Centers for Disease Control and Prevention (CDC) several years later.

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Fred Gray (attorney) | World in Stories