Landmark Supreme Court Case · Equal protection

Plessy v. Ferguson (1896)

Decided
1896
Vote
7–1
Opinion
Justice Henry Billings Brown (majority); Justice John Marshall Harlan (dissent)
Constitutional provisions

Facts of the case

Louisiana's Separate Car Act of 1890 required railroads to provide "equal but separate" cars for white and Black passengers. In 1892, in a planned challenge organized by a New Orleans civil rights group, Homer Plessy, a man of mixed race, sat in a car reserved for white passengers, refused to move, and was arrested. Judge John H. Ferguson upheld the law.

The constitutional question

Does a state law requiring racially separate but equal facilities violate the Equal Protection Clause of the 14th Amendment?

The decision

No. The Court upheld the law, reasoning that the 14th Amendment required legal equality but not social equality. Separation, the Court said, did not imply that one race was inferior. This became the "separate but equal" doctrine.

The Court's reasoning

The majority claimed that any sense of inferiority was in the minds of Black citizens, not in the law itself. Justice Harlan's lone dissent rejected that reasoning and predicted the decision would prove as harmful as Dred Scott.

Why it matters

It gave constitutional approval to Jim Crow segregation in schools, transportation, and public facilities for more than half a century. In reality, facilities were rarely equal. Brown v. Board of Education (1954) overturned it for public education.

In the Court's words

Our Constitution is color-blind, and neither knows nor tolerates classes among citizens.

Justice John Marshall Harlan, dissenting