“Separate But Equal” The Brown v. Board of Education decision

The Constitution The original Constitution included slavery. The original Constitution included slavery. It made no provision for “equal rights” or “equal treatment before the law.” It made no provision for “equal rights” or “equal treatment before the law.” The 14 th amendment said no state shall “deny to any person within its jurisdiction the equal protection of the laws.” The 14 th amendment said no state shall “deny to any person within its jurisdiction the equal protection of the laws.”

The Supreme Court During Reconstruction, many southern states passed laws enforcing segregation. During Reconstruction, many southern states passed laws enforcing segregation. In 1890, Louisiana passed a law requiring separate accommodations for blacks and whites on railroads. In 1890, Louisiana passed a law requiring separate accommodations for blacks and whites on railroads. A group of prominent African-Americans tested the law with the help of Homer Plessy, who was 1/8 black and could “pass” as white. A group of prominent African-Americans tested the law with the help of Homer Plessy, who was 1/8 black and could “pass” as white. He bought a first class train ticket and boarded the “white” car. He announced while on the train that he had an African-American ancestor, and he was arrested. He bought a first class train ticket and boarded the “white” car. He announced while on the train that he had an African-American ancestor, and he was arrested.

The Supreme Court Homer Plessy challenged his arrest in a case called Plessy v. Ferguson (1896) Homer Plessy challenged his arrest in a case called Plessy v. Ferguson (1896) He lost his appeal when the Supreme Court ruled that “separate but equal accommodations” did not offend the 14 th amendment. He lost his appeal when the Supreme Court ruled that “separate but equal accommodations” did not offend the 14 th amendment. Plessy allowed legal segregation to continue for almost 60 years. Plessy allowed legal segregation to continue for almost 60 years.

Separate But Equal Fast forward to 1951 Fast forward to states require racial segregation in public schools; 15 states prohibit it. 17 states require racial segregation in public schools; 15 states prohibit it. The NAACP sues 5 states sued, starting with Kansas in 1951 The NAACP sues 5 states sued, starting with Kansas in 1951

Separate but “equal” schools Upper left: School bus in Louisa County, VA Upper right: Jim Crow school in Louisa County, VA Lower left: Jim Crow school in Camden, MA Lower right: Jim Crow school in Hurlock, MD

Separate But Equal Video clips Video clips

Separate But Equal The key holding of the Court was that, even if segregated black and white schools were of equal quality in facilities and teachers, segregation by itself was harmful to black students and unconstitutional. The key holding of the Court was that, even if segregated black and white schools were of equal quality in facilities and teachers, segregation by itself was harmful to black students and unconstitutional. “We conclude that in the field of public education the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal.” “We conclude that in the field of public education the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal.” 1957 Little Rock 1957 Little Rock