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Plessy v Ferguson

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Plessy v Ferguson, decided by the United States Supreme Court in 1896, upheld a Louisiana law requiring racially separate railway carriages against a challenge that it violated the Fourteenth Amendment's guarantee of equal protection. Homer Plessy, who was one eighth Black under Louisiana law, deliberately sat in a whites-only railway car as part of a planned test case organized by a New Orleans civil rights committee, was arrested, and challenged his conviction. In a 7 to 1 opinion by Justice Henry Billings Brown, the Court held that laws requiring separate facilities for Black and white citizens did not violate the Constitution so long as the facilities were equal, the origin of what came to be called the separate but equal doctrine; Justice John Marshall Harlan wrote alone in dissent that the Constitution is color blind and that the decision would prove as pernicious as the Court's earlier Dred Scott ruling. Separate but equal provided the constitutional foundation for legally enforced racial segregation across the American South for the following fifty eight years. The Supreme Court unanimously overruled Plessy in Brown v Board of Education (1954), holding that separate educational facilities are inherently unequal, and Plessy is treated in American constitutional law today as a clear historical wrong rather than as a live legal question of any kind; this entry states that record plainly, not as one side of a live debate.

Facts
Decision Year
1896 1
Holding
Held that state laws requiring racially separate facilities for Black and white citizens did not violate the Fourteenth Amendment's equal protection clause so long as the facilities were equal, the separate but equal doctrine. 1
Current Status
Overruled by Brown v Board of Education (1954), which held that separate educational facilities are inherently unequal. Plessy has no continuing legal force and stands in American constitutional history as a repudiated decision. 1
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In Legal System

Source An Introduction to Comparative LawKonrad Zweigert and Hein Koetz; English translation by Tony Weir
Sources
An Introduction to Comparative Law
Konrad Zweigert and Hein Koetz; English translation by Tony Weir, Clarendon Press, Oxford, 1998In Legal System: Common Law
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