page_title: Plessy v. Ferguson
section_title: Significance
hierarchical_section_title: Plessy v. Ferguson / Significance
caption_attribution_description: English: "White" and "Jim Crow" railcars; racial segregation in the United States as cartooned by John McCutcheon.
context_page_description: Plessy v. Ferguson, 163 U.S. 537, was a landmark decision of the U.S. Supreme Court that upheld the constitutionality of racial segregation laws for public facilities as long as the segregated facilities were equal in quality – a doctrine that came to be known as "separate but equal". The decision legitimized the many state laws re-establishing racial segregation that had been passed in the American South after the end of the Reconstruction Era.
  The underlying case originated in 1892 when Homer Plessy, an "octoroon" resident of New Orleans, deliberately violated Louisiana's Separate Car Act of 1890, which required "equal, but separate" train car accommodations for white and non-white passengers. Upon being charged for boarding a "whites only" train car, Plessy's lawyers defended him by arguing that the law was unconstitutional. He lost at trial, and his conviction was affirmed on his appeal to the Louisiana Supreme Court. Plessy then appealed to the U.S. Supreme Court, which agreed to hear his case.
  In May 1896, the Supreme Court issued a 7–1 decision against Plessy ruling that the Louisiana law did not violate the Fourteenth Amendment to the U.S.
context_section_description: Plessy legitimized state laws establishing racial segregation in the South and provided an impetus for further segregation laws. It also legitimized laws in the North requiring racial segregation such as in the Boston school segregation case noted by Justice Brown in his majority opinion. Legislative achievements won during the Reconstruction Era were erased through means of the "separate but equal" doctrine. The doctrine had been strengthened also by an 1875 Supreme Court decision that limited the federal government's ability to intervene in state affairs, guaranteeing to Congress only the power "to restrain states from acts of racial discrimination and segregation". The ruling basically granted states legislative immunity when dealing with questions of race, guaranteeing the states' right to implement racially separate institutions, requiring them only to be "equal".
  . Despite the pretense of "separate but equal", non-whites essentially always received inferior facilities and treatment.
  The prospect of greater state influence in matters of race worried numerous advocates of civil equality, including Supreme Court Justice John Harlan, who wrote in his Plessy dissent, "we shall enter upon an era of constitutional law, when the rights of freedom and American citizenship cannot receive from the nation that efficient protection which heretofore was unhesitatingly accorded to slavery and the rights of the master." Harlan's concerns about the encroachment on the 14th Amendment would prove well-founded; states proceeded to institute segregation-based laws that became known as the Jim Crow system. In addition, from 1890 to 1908, Southern states passed new or amended constitutions including provisions that effectively disenfranchised blacks and thousands of poor whites.
  
  Some commentators, such as Gabriel J. Chin and Eric Maltz, have viewed Harlan's Plessy dissent in a more critical light, and suggested it be viewed in context with his other decisions. Maltz has argued that "modern commentators have often overstated Harlan's distaste for race-based classifications", pointing to other aspects of decisions in which Harlan was involved. Both point to a passage of Harlan's Plessy dissent as particularly troubling: 
  There is a race so different from our own that we do not permit those belonging to it to become citizens of the United States. Persons belonging to it are, with few exceptions, absolutely excluded from our country. I allude to the Chinese race. But, by the statute in question, a Chinaman can ride in the same passenger coach with white citizens of the United States, while citizens of the black race in Louisiana, many of whom, perhaps, risked their lives for the preservation of the Union ... and who have all the legal rights that belong to white citizens, are yet declared to be criminals, liable to imprisonment, if they ride in a public coach occupied by citizens of the white race.
  New Orleans historian Keith Weldon Medley, author of We As Freemen: Plessy v. Ferguson, The Fight Against Legal Segregation, said the words in Justice Harlan's "Great Dissent" were taken from papers filed with the court by "The Citizen's Committee".
  The effect of the Plessy ruling was immediate; there were already significant differences in funding for the segregated school system, which continued into the 20th century; states consistently underfunded black schools, providing them with substandard buildings, textbooks, and supplies. States which had successfully integrated elements of their society abruptly adopted oppressive legislation that erased reconstruction era efforts. The principles of Plessy v. Ferguson were affirmed in Lum v. Rice (1927), which upheld the right of a Mississippi public school for white children to exclude a Chinese American girl. Despite the laws enforcing compulsory education, and the lack of public schools for Chinese children in Lum's area, the Supreme Court ruled that she had the choice to attend a private school. Jim Crow laws and practices spread northward in response to a second wave of African-American migration
caption: 1904 caricature of "White" and "Jim Crow" rail cars by John T. McCutcheon
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