Civil Rights Cases Civil Rights Cases (1883)(1883)

BackgroundBackground Civil Rights Act in 1875 Civil Rights Act in 1875

declared it a crime to declared it a crime to deny equal access to deny equal access to public accommodations on public accommodations on account of race or color. account of race or color. Most privately owned Most privately owned businesses continued to businesses continued to deny service to African deny service to African American customers.American customers.

Constitutional IssueConstitutional Issue Could the U.S. Could the U.S.

government establish laws government establish laws banning discrimination in banning discrimination in privately owned privately owned businesses?businesses?

Civil Rights CasesCivil Rights Cases

DecisionDecision The Civil Rights Act of 1875 was The Civil Rights Act of 1875 was

unconstitutional because the 14th unconstitutional because the 14th amendment’s equal protection clause amendment’s equal protection clause applied to the discriminatory acts taken applied to the discriminatory acts taken by states, not by individuals in the private by states, not by individuals in the private sector.sector.

ImportanceImportance Many privately owned businesses could Many privately owned businesses could

now refuse service to African Americansnow refuse service to African Americans

Plessy v. FergusonPlessy v. Ferguson(1896)(1896)

BackgroundBackground Homer Plessy, a man of Homer Plessy, a man of

mixed race, was seated in mixed race, was seated in the train car reserved for the train car reserved for “white only” passengers. He “white only” passengers. He refused to move to the car refused to move to the car for the non-white passengers for the non-white passengers and Plessy was arrested for and Plessy was arrested for violating the Louisiana Act of violating the Louisiana Act of 1890, which required 1890, which required railroad companies to railroad companies to provide “separate but equal” provide “separate but equal” accommodations for white accommodations for white and black races.and black races.

Constitutional IssueConstitutional Issue Do laws that provide for the Do laws that provide for the

separation of races violate separation of races violate the rights of blacks as the rights of blacks as guaranteed by the equal guaranteed by the equal protection clause of the 14th protection clause of the 14th amendment?amendment?

Plessy v. FergusonPlessy v. Ferguson DecisionDecision

Court stated that Louisiana Act of 1890 (separate but Court stated that Louisiana Act of 1890 (separate but equal accommodations for white and black races) equal accommodations for white and black races) did did notnot violate the Constitution. Court believed that violate the Constitution. Court believed that “separate but equal” was the most reasonable approach “separate but equal” was the most reasonable approach considering the social prejudices at the time.considering the social prejudices at the time.

ImportanceImportance Led the way for states to create “separate but equal” Led the way for states to create “separate but equal”

facilities, allowing for legal segregation based on race. facilities, allowing for legal segregation based on race. “Jim Crow” ruled the South.“Jim Crow” ruled the South.

(This decision was eventually overturned by Brown v. (This decision was eventually overturned by Brown v. Board of Education of Topeka in 1954 when the Court Board of Education of Topeka in 1954 when the Court ruled “separate but equal” was unconstitutional.)ruled “separate but equal” was unconstitutional.)