In 1890, Louisiana carried out a law that enacted “separate but equal” railway cars for blacks and whites on railroads which was called the Separate Car Act. In 1892, the passenger Homer Plessy, who was one-eighths black and seven-eighths white, sat in a “whites only” car on a Louisiana train. Refusing to move to the black car, he was arrested and jailed for a charge of violating the Separate Car Act. The case went all the way to the Supreme Court. The question was “Is Louisiana’s law authorizing racial segregation on its trains an unconstitutional violation on the rights and entitlements and the equal protection clauses of the Fourteenth Amendment?” Homer Plessy was brought to Judge John H. Ferguson of the Criminal Court for New Orleans who
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Ferguson dismissed Plessy’s claim that the act was unconstitutional. After the state Supreme Court confirmed the district court ruling, the U.S. Supreme Court gave an order by which a higher court reviews the decision of the lower court. Arguments were heard on April 13, 1896. Justice Henry Billings Brown rejected Plessy’s arguments that the act violated the 13th Amendment because the Separate Car Act did not reestablish Slavery. Racial discrimination against African American in restaurants, theaters, restrooms, and public schools does not show or mark slavery but only limited rights which are protected from State Aggression by the 14th Amendment. According to Brown, the Separate Car Act was intended to preserve “public peace and order”. On the other hand, only one Judge objected to the majority decision. Justice John Marshall Harlan insisted that the court ignored the purpose of the Separate Car Act to give equal accommodation for whites and blacks while traveling in the State of Louisiana railroad passenger cars. The effect of the law was to interfere with personal liberty and freedom of movement of both African Americans and whites because it regulated the civil rights of citizens based on their race. The act was unacceptable to the principle of legal equality according to the 14th Amendment’s equal protection clause. ( which prohibits the states from denying “equal protection of the laws” to any person within their
Ferguson dismissed Plessy’s claim that the act was unconstitutional. After the state Supreme Court confirmed the district court ruling, the U.S. Supreme Court gave an order by which a higher court reviews the decision of the lower court. Arguments were heard on April 13, 1896. Justice Henry Billings Brown rejected Plessy’s arguments that the act violated the 13th Amendment because the Separate Car Act did not reestablish Slavery. Racial discrimination against African American in restaurants, theaters, restrooms, and public schools does not show or mark slavery but only limited rights which are protected from State Aggression by the 14th Amendment. According to Brown, the Separate Car Act was intended to preserve “public peace and order”. On the other hand, only one Judge objected to the majority decision. Justice John Marshall Harlan insisted that the court ignored the purpose of the Separate Car Act to give equal accommodation for whites and blacks while traveling in the State of Louisiana railroad passenger cars. The effect of the law was to interfere with personal liberty and freedom of movement of both African Americans and whites because it regulated the civil rights of citizens based on their race. The act was unacceptable to the principle of legal equality according to the 14th Amendment’s equal protection clause. ( which prohibits the states from denying “equal protection of the laws” to any person within their