““Separate But Equal”Separate But Equal”

The Brown v. Board of The Brown v. Board of Education decisionEducation decision

The ConstitutionThe Constitution

The original Constitution included The original Constitution included slavery.slavery.

It made no provision for “equal It made no provision for “equal rights” or “equal treatment before rights” or “equal treatment before the law.”the law.”

The 14The 14thth amendment said no state amendment said no state shall “deny to any person within its shall “deny to any person within its jurisdiction the equal protection of jurisdiction the equal protection of the laws.”the laws.”

The Supreme CourtThe Supreme Court During Reconstruction, many southern During Reconstruction, many southern

states passed laws enforcing segregation.states passed laws enforcing segregation. In 1890, Louisiana passed a law requiring In 1890, Louisiana passed a law requiring

separate accommodations for blacks and separate accommodations for blacks and whites on railroads.whites on railroads.

A group of prominent African-Americans A group of prominent African-Americans tested the law with the help of Homer tested the law with the help of Homer Plessy, who was 1/8 black and could “pass” Plessy, who was 1/8 black and could “pass” as white.as white.

He bought a first class train ticket and He bought a first class train ticket and boarded the “white” car. He announced boarded the “white” car. He announced while on the train that he had an African-while on the train that he had an African-American ancestor, and he was arrested. American ancestor, and he was arrested.

The Supreme CourtThe Supreme Court

Homer Plessy challenged his arrest in Homer Plessy challenged his arrest in a case called a case called Plessy v. FergusonPlessy v. Ferguson (1896)(1896)

He lost his appeal when the Supreme He lost his appeal when the Supreme Court ruled that “separate but equal Court ruled that “separate but equal accommodations” did not offend the accommodations” did not offend the 1414thth amendment. amendment.

Plessy allowed legal segregation to Plessy allowed legal segregation to continue for almost 60 years.continue for almost 60 years.

Separate But EqualSeparate But Equal

Fast forward to 1951Fast forward to 1951 17 states require racial segregation in 17 states require racial segregation in

public schools; 15 states prohibit it.public schools; 15 states prohibit it. The NAACP sues 5 states sued, starting The NAACP sues 5 states sued, starting

with Kansas in 1951with Kansas in 1951

Separate but “equal” schoolsSeparate but “equal” schools

Upper left: School bus in Louisa County, VAUpper right: Jim Crow school in Louisa County, VALower left: Jim Crow school in Camden, MALower right: Jim Crow school in Hurlock, MD

Separate But EqualSeparate But Equal

Video clipsVideo clips

Separate But EqualSeparate But Equal

The key holding of the Court was that, The key holding of the Court was that, even if segregated black and white schools even if segregated black and white schools were of equal quality in facilities and were of equal quality in facilities and teachers, segregation by itself was teachers, segregation by itself was harmful to black students and harmful to black students and unconstitutional. unconstitutional.

““We conclude that in the field of public We conclude that in the field of public education the doctrine of ‘separate but education the doctrine of ‘separate but equal’ has no place. Separate educational equal’ has no place. Separate educational facilities are inherently unequal.”facilities are inherently unequal.”

1957 Little Rock1957 Little Rock