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Plessey vs. Ferguson
On June 7, 1892, a 30-year-old colored shoemaker named
Homer Plessy was jailed for sitting in the "White" car of the East
Louisiana Railroad. Plessy was only one-eighths black and seven-eighths
white, but under Louisiana law, he was considered black and therefore
required to sit in the "Colored" car. Plessy went to court and argued, in
Homer Adolph Plessy v. The State of Louisiana, that the Separate
Car Act violated the Thirteenth and Fourteenth Amendments to the
Constitution. Plessy was found guilty of refusing to leave the
white car. He appealed to the Supreme Court of Louisiana, which upheld
Ferguson's decision. In 1896, the Supreme Court of the United States heard
Plessy's case and found him guilty once again.
The lone dissenter, Justice John Harlan, showed incredible foresight
when he wrote
"Our Constitution is color-blind, and neither knows nor tolerates
classes among citizens. In respect of civil rights, all citizens are
equal before the law...In my opinion, the judgment this day rendered
will, in time, prove to be quite as pernicious as the decision made by
this tribunal in the Dred Scott
case...The present decision, it may well be apprehended, will not only
stimulate aggressions, more or less brutal and irritating, upon the
admitted rights of colored citizens, but will encourage the belief that
it is possible, by means of state enactments, to defeat the beneficent
purposes which the people of the United States had in view when they
adopted the recent amendments of the Constitution."
Over time, the words of Justice Harlan rang true. The
Plessy decision set the precedent that
"separate" facilities for blacks and whites were constitutional as long as
they were "equal." The "separate but equal" doctrine was quickly extended
to cover many areas of public life, such as restaurants, theaters,
restrooms, and public schools. Not until 1954, in the equally important
Brown v. Board of Education decision,
would the "separate but equal" doctrine be struck down.
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