explicitly extend to higher education. But that did not mean the legislature was barred from making such a prohibition. Despite language in one statute, which Gaines had relied on, saying that the university was open to "all youths" of the state, the legislature had gone to great lengths to create Lincoln and differentiate between white and black colleges. Citing both Plessy and his own court's prior holdings, Frank reiterated that this segregation did not violate the Fourteenth Amendment: "The right of a state to separate the races for the purpose of education is no longer an open question." He also rejected a due process argument, that Gaines had been unconstitutionally deprived of his proprietary interest in the university as a citizen and taxpayer of Missouri. "[E]quality and not identity of school advantages is what the law guarantees to every citizen, white or black." Frank addressed the only remaining question, whether, as Gaines alleged, his legal education out of state would have been the equal of that he could have received at Missouri's law school. He accepted the law school's evidence about its non-specialization in the state's law and similarities in its curriculum to the neighboring state's law schools. As for the distance involved, some of those schools, such as Illinois's, were closer to St. Louis than Columbia would be for residents of Caruthersville, in the state's southeastern Bootheel. And if Gaines were to attend school outside he state, the state would subsidize his living expenses while he did, costs he would have to bear himself if he went to Missouri. Lastly, Frank distinguished Gaines's case from Murray by noting that that state's Court of Appeals had found that Maryland had made no provisions for establishing a law school for black students and did not financially support those who attended law school out of state, unlike Missouri. He believed that the construction of a law school for blacks at Lincoln would satisfy Gaines's desires if he could wait. U.S. Supreme Court Houston and Redmond successfully petitioned to the United States Supreme Court for certiorari. Now known as Gaines v. Canada, the case was argued in November 1938. Houston said the state's offer to pay for Gaines to attend law school out of state could not guarantee him a legal education equal to that offered white students at Missouri. A month later a 6-2 majority ordered the State of Missouri either to