The landmark case Plessy v Ferguson is famous for creating the idea of “separate but equal” regarding the constitutionality of a law segregating train cars.
In the 1890s, a Louisiana law required blacks and whites to ride in separate train cars and would be subject to arrest if not compliant with the law. Homer Plessy – a man who appears white but is 1/8 black – attempted to take a seat in an all-white train car, violating the law.
After his arrest, Plessy argued that the segregation law violates both the 13th Amendment and the 14th Amendment. The 13th Amendment banned slavery. The 14th Amendment guaranteed everyone equal protection of the laws.
In 1896, Homer Plessy lost his case in the Supreme Court of the United States (SCOTUS) because even though there are separate facilities, they are equal. It was not until the infamous 1954 case Brown v Board of Education that this was overturned. SCOTUS stated that “separate but equal” is inherently unequal.
In class, we argued a mock trial on the case Plessy v Ferguson. I was tasked to debate on behalf of Ferguson. My argument is stated below.
I argue that the segregation law does not violate the Equal Protection Clause of the 14th Amendment, nor does it violate the 13th Amendment, banning slavery.
First, I would like to point out the fact that both blacks and whites were given equal facilities under the law. There are perfectly fine train cars meant specifically for blacks. This is done because it is clear that races prefer remaining segregated.
As a result of this, if one race is deemed inferior, that is not at the fault of the law. The act preaches equality. Therefore, the only reason to believe blacks are inferior is because that is how blacks are choosing to interpret their own race. It is not the job of the law or even within the power of the law to force the races to mix.
Furthermore, equality under the 14th amendment protects political and civil rights, such as voting. It is not meant to protect social rights, such as preferring a specific train car.
The 13th Amendment is not applicable in this case as Plessy did not experience a form of slavery or involuntary servitude.
In conclusion, segregation does not in itself constitute unlawful discrimination.
For further information on Plessy v Ferguson check out this YouTube video!
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