This case turns upon the constitutionality of an act of the General Assembly of the State of Louisiana, passed inproviding for separate railway carriages for the white and colored races. The first section of the statute enacts that all railway companies carrying passengers in their coaches in this State shall provide equal but separate accommodations for the white and colored races by providing two or more passenger coaches for each passenger train, or by dividing the passenger coaches by a partition so as to secure separate accommodations: Provided, That this section shall not be construed to apply to street railroads.
History - Brown v. Board of Education Re-enactment The Plessy Decision Although the Declaration of Independence stated that "All men are created equal," due to the institution of slavery, this statement was not to be grounded in law in the United States until after the Civil War and, arguably, not completely fulfilled for many years thereafter.
Inthe Thirteenth Amendment was ratified and finally put an end to slavery. Moreover, the Fourteenth Amendment strengthened the legal rights of newly freed slaves by stating, among other things, that no state shall deprive anyone of either "due process of law" or of the "equal protection of the law.
Despite these Amendments, African Americans were often treated differently than whites in many parts of the country, especially in the South. In fact, many state legislatures enacted laws that led to the legally mandated segregation of the races. In other words, the laws of many states decreed that blacks and whites could not use the same public facilities, ride the same Plessy v ferguson vs brown v, attend the same schools, etc.
These laws came to be known as Jim Crow laws. Inan African-American man named Homer Plessy refused to give up his seat to a white man on a train in New Orleans, as he was required to do by Louisiana state law.
For this action he was arrested.
Plessy, contending that the Louisiana law separating blacks from whites on trains violated the "equal protection clause" of the Fourteenth Amendment to the U. Constitution, decided to fight his arrest in court.
Byhis case had made it all the way to the United States Supreme Court. By a vote ofthe Supreme Court ruled against Plessy. In the case of Plessy v. Ferguson, Justice Henry Billings Brown, writing the majority opinion, stated that: If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane.
Sadly, as a result of the Plessy decision, in the early twentieth century the Supreme Court continued to uphold the legality of Jim Crow laws and other forms of racial discrimination. In the case of Cumming v.
County Board of Educationfor instance, the Court refused to issue an injunction preventing a school board from spending tax money on a white high school when the same school board voted to close down a black high school for financial reasons.
Moreover, in Gong Lum v. The Road to Brown Note: Some of the case information is from Patterson, James T. Oxford University Press; New York, For about the first 20 years of its existence, it tried to persuade Congress and other legislative bodies to enact laws that would protect African Americans from lynchings and other racist actions.
Houston, together with Thurgood Marshall, devised a strategy to attack Jim Crow laws by striking at them where they were perhaps weakest—in the field of education.
Maryland and Missouri ex rel Gaines v. After Houston returned to private practice inMarshall became head of the Fund and used it to argue the cases of Sweat v. Painter and McLaurin v. Oklahoma Board of Regents of Higher Education. Maryland Disappointed that the University of Maryland School of Law was rejecting black applicants solely because of their race, beginning in Thurgood Marshall who was himself rejected from this law school because of its racial acceptance policies decided to challenge this practice in the Maryland court system.
Inthe Court of Appeals also ruled in favor of Murray and ordered the law school to admit him. Two years later, Murray graduated. Missouri ex rel Gaines v.
The State of Missouri gave Gaines the option of either attending an all-black law school that it would build Missouri did not have any all-black law schools at this time or having Missouri help to pay for him to attend a law school in a neighboring state.
Byhis case reached the U.In Plessy v. Ferguson (), the Supreme Court considered the constitutionality of a Louisiana law passed in "providing for separate railway carriages for the white and colored races." The.
Plessy v. Ferguson. Opinions. Syllabus ; View Case ; Petitioner Homer Adolph Plessy Louisiana enacted the Separate Car Act, which required separate railway cars for blacks and whites.
In , Homer Plessy – who was seven-eighths Caucasian – agreed to participate in a test to challenge the Act. Justice Brown conceded that the 14th. The 14th Amendment to the U.S. Constitution, ratified in , granted citizenship to all persons born or naturalized in the United States—including former slaves—and guaranteed all citizens.
Plessy was arrested for violating the Separate Car Act and argued in court that the Act violated the Thirteenth and Fourteenth Amendments to the Constitution. After losing twice in the lower courts, Plessy took his case to the U.S.
Supreme Court, which upheld the previous decisions that racial segregation is constitutional under the separate. Plessy v. Ferguson. In a new Louisiana law required railroads to provide “equal but separate accommodations for the white, and colored, races.”.
The Plessy Decision Although the Declaration of Independence stated that "All men are created equal," due to the institution of slavery, this statement was not to be grounded in law in the United States until after the Civil War (and, arguably, not completely fulfilled for many years thereafter).