This article examines the under-representation of Black students in gifted education, asserting that social inequalities (e.g., prejudice and discrimination) contribute to segregated gifted education programs. Under-representation trends are presented for gifted education, along with methods for calculating under-representation and then inequity goals. Philosophically, this article is grounded in disparate impact discourse, where outcome is more cogent than intent. Denying access to gifted education based on race is immoral and illegal. Pragmatically, under-representation is couched under the larger and more comprehensive achievement gaps and inequities in school settings with implications for de jure segregation. We discuss the under-representation of Black students in gifted education with "Brown v. Board of Education" as the legal foundation and then focus briefly on a recent court case in gifted education ("McFadden v. Board of Education for Illinois School District U-46") for a contemporary point of discussion. Recommendations for desegregating gifted education for Black students regarding attitudes, instruments, and policies and procedures are provided.