Cite: 163 U.S. 537 (1896)
Vote: 7-1
Opinion: Brown
Facts:
• In 1890 Louisiana passed the Separate Car Act. o Required different cars for blacks and whites on railroads.
• A group of citizens formed Comité des Citoyens in order to repeal and/or fight the laws effect. o Formed by black, creole and white New Orleans Residents
• The group persuaded Homer Plessy, a mixed race free man to participate in a test. o Even though he had some European background he was still considered a black man and required to sit in the “colored” car.
• June 7th 1892, Plessy brought a 1st Class Ticket and boarded a “whites only” car in Louisiana.
• The railroad company was aware of Plessy’s test before he boarded, and had a private detective …show more content…
o Cannot seek political or judicial remedy if discriminated against for their sexuality.
• Richard Evans worked for Denver Mayor Wellington Webb. o Evans was a homosexual male.
• He along with other individuals and 3 Colorado municipalities to get rid of the amendment.
• They took it to the Colorado Supreme court twice, and both times it came back a 2-1 vote to leave the law in place.
• The group decided to take it to the US supreme court. o Colorado’s governor Roy Romer was named as the defendant.
Statutory Provision:
• Amendment 2 of Colorado’s State Constitution
Provision of Constitution:
• 14th Amendment’s Equal Protection Clause
Legal Question:
• Does the Colorado state constitution amendment violate the 14th Amendment’s Equal Protection clause?
Reasoning:
• State argued it is merely leveling the field for all sexualities, not discriminating.
• Court argued that this law cut off any way for a homosexual or bisexual to seek any political or judicial route for actions of