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Separate but equal

Separate but equal was a legal doctrine in United States constitutional law according to which racial segregation did not violate the Fourteenth Amendment to the United States Constitution, which guaranteed 'equal protection' under the law to all people. Under the doctrine, as long as the facilities provided to each race were equal, state and local governments could require that services, facilities, public accommodations, housing, medical care, education, employment, and transportation be segregated by race, which was already the case throughout the states of the former Confederacy. The phrase was derived from a Louisiana law of 1890, although the law actually used the phrase 'equal but separate'.During the era of segregation, the myth was that the races were separated but were provided equal facilities. No one believed it. Almost without exception, black students were given inferior buildings and instructional materials. Black educators were generally paid less than were their white counterparts and had more students in their classrooms.... In 1938, Pompano white schools collectively had one teacher for every 25 students, while the Pompano Colored School had one teacher for every 54 students. At the Hammondville School, the single teacher employed there had 67 students.Provided, That no money shall be paid out under this act to any State or Territory for the support and maintenance of a college where a distinction of race or color is made in the admission of students, but the establishment and maintenance of such colleges separately for white and colored students shall be held to be a compliance with the provisions of this act if the funds received in such State or Territory be equitably divided as hereinafter set forth.We conclude that, in the field of public education, the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment. Separate but equal was a legal doctrine in United States constitutional law according to which racial segregation did not violate the Fourteenth Amendment to the United States Constitution, which guaranteed 'equal protection' under the law to all people. Under the doctrine, as long as the facilities provided to each race were equal, state and local governments could require that services, facilities, public accommodations, housing, medical care, education, employment, and transportation be segregated by race, which was already the case throughout the states of the former Confederacy. The phrase was derived from a Louisiana law of 1890, although the law actually used the phrase 'equal but separate'. The doctrine was confirmed in the Plessy v. Ferguson Supreme Court decision of 1896, which allowed state-sponsored segregation. Though segregation laws existed before that case, the decision emboldened segregation states during the Jim Crow era, which had commenced in 1876 and supplanted the Black Codes, which restricted the civil rights and civil liberties of African Americans during the Reconstruction Era. In practice the separate facilities provided to African Americans were rarely equal; usually they were not even close to equal, or they did not exist at all. For example, in the 1930 census, black people were 42% of Florida's population. Yet according to the 1934–36 report of the Florida Superintendent of Public Instruction, the value of 'white school property' in the state was $70,543,000, while the value of African-American school property was $4,900,000. The report says that 'in a few south Florida counties and in most north Florida counties many Negro schools are housed in churches, shacks, and lodges, and have no toilets, water supply, desks, blackboards, etc. Counties use these schools as a means to get State funds and yet these counties invest little or nothing in them.' At that time, high school education for African Americans was provided in only 28 of Florida's 67 counties. In 1939–40, the average salary of a white teacher in Florida was $1,148, whereas for a negro teacher it was $585. The doctrine of 'separate but equal' was overturned by a series of Supreme Court decisions, starting with Brown v. Board of Education of 1954. However, the overturning of segregation laws in the United States was a long process that lasted through much of the 1950s, 1960s, and 1970s, involving federal legislation (especially the Civil Rights Act of 1964), and many court cases. The American Civil War brought slavery in the United States to an end with the ratification of the Thirteenth Amendment in 1865. Following the war, the Fourteenth Amendment to the United States Constitution guaranteed equal protection under the law to all people and Congress established the Freedmen's Bureau to assist the integration of former slaves into Southern society. The Reconstruction Era brought new freedoms and laws promoting racial equality to the South. However, after the Compromise of 1877 ended Reconstruction and withdrew federal troops from all Southern states, many former slaveholders and Confederates were elected to office. The Fourteenth Amendment guaranteed equal protection to all people but Southern states contended that the requirement of equality could be met in a way that kept the races separate. Furthermore, the state and federal courts tended to reject the pleas by African Americans that their Fourteenth Amendment rights were violated, arguing that the Fourteenth Amendment applied only to federal, not state, citizenship. This rejection is evident in the Slaughter-House Cases and Civil Rights Cases. After the end of Reconstruction, the federal government adopted a general policy of leaving racial segregation up to the individual states. One example of this policy was the second Morrill Act (Morrill Act of 1890). Before the end of the war, the Morrill Land-Grant Colleges Act (Morrill Act of 1862) had provided federal funding for higher education by each state with the details left to the state legislatures. The 1890 Act implicitly accepted the legal concept of 'separate but equal' for the 17 states that had institutionalized segregation. In the late 19th century, many states of the former Confederacy adopted laws, collectively known as Jim Crow laws, that mandated separation of whites and African Americans. The Florida Constitution of 1885 mandated separate educational systems. In Texas, laws required separate water fountains, restrooms, and waiting rooms in railroad stations. In Georgia, restaurants and taverns could not serve white and 'colored' patrons in the same room; separate parks for each 'race' were required, as were separate cemeteries. These are just examples from a large number of similar laws. Prior to the Second Morrill Act, 17 states excluded blacks from access to the land-grant colleges without providing similar educational opportunities. In response to the Second Morrill Act, 17 states established separate land-grant colleges for blacks which are now referred to as public historically black colleges and universities (HBCUs). In fact, some states adopted laws prohibiting schools from educating blacks and whites together, even if a school was willing to do so. (The constitutionality of such laws was upheld in Berea College v. Kentucky (1908) 211 U.S. 45) The legitimacy of such laws under the 14th Amendment was upheld by the U.S. Supreme Court in the 1896 case of Plessy v. Ferguson, 163 U.S. 537. The Plessy doctrine was extended to the public schools in Cumming v. Richmond County Board of Education, 175 U.S. 528 (1899).

[ "Doctrine", "Supreme court", "White (horse)", "Race (biology)", "civil rights" ]
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