Separate but Equal.
Separate but Equal is a law term that came into being after the enactment of a law
that was meant to create equal segregation against blacks and whites. They were to
use different public facilities which were to be equal in status and quality. Its intention
was noble on paper only but on the ground it brought out the worst kind of treatment
which compared only to the American slavery period.
Analysis of the case Plessy v Ferguson (1896)
On may 18 th 1896, The Supreme Court in the United States of America, in the
case of Plessy v Ferguson made a court ruling consisting of seven judges and one
dissent judge to uphold racial segregation against blacks in all public places. The
decision by the judges was followed by enforcement of the act which became very
unpopular among the black people and which was met by equal resistance. They felt
the law was wrong and it invaded their rights. (Dworkin, 192) The black community
had to stand up and be counted, their rights had been infringed. Black and colored
children were segregated in public and private schools, in public transport system in
parks and other social places black were denied access. Given that there was no
alternative to the amenities blacks were being denied access to leave alone that the
act required that it be of equal status and quality. It led to the challenge of the
judgment in the Supreme Court.
In 1954, in the case of Brown v Board of Education, Seven judges and one
dissent judge made a ruling that effectively overruled the judgment in the case of
Plessy v Ferguson, a precedent that created the doctrine of separate but equal
opportunity for all. The black community fought many legal battles before this
judgment that reminded the American people that all people are created equal and
any form of segregation was not allowed in any state in united state of America.
Dworkin, Ronald, “Taking Rights Seriously” London: Duckworth .1977.