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Separate but Equal
(redirected from Separate but Equal Doctrine)

   Also found in: Wikipedia 0.03 sec.

The doctrine first enunciated by the U.S. Supreme Court in Plessy v. Ferguson, 163 U.S. 537, 16 S. Ct. 1138, 41 L. Ed. 256 (1896), to the effect that establishing different facilities for blacks and whites was valid under the equal protection clause of the Fourteenth Amendment as long as they were equal.

The theory of separate but equal was used to justify segregated public facilities for blacks and whites until in Brown v. Board of Education of Topeka, Kansas, 347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954), the Supreme Court recognized that "separate but equal" schools were "inherently unequal." The principle of "separate but equal" was further rejected by the Civil Rights Acts (42 U.S.C.A. § 2000a et seq.) and in subsequent cases, which ruled that racially segregated public facilities, housing, and accommodations violated the constitutional guarantee of equal protection of laws.

Cross-references

Civil Rights; Integration; "Plessy v. Ferguson" (Appendix, Primary Document).



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After discussing the history of how HBCUs, the federal government, court decisions, organizations, and individuals attempted to answer this and other question, the author argues that "the demise of the separate but equal doctrine forced public historically black colleges to justify their right to exist" (p.
Oklahoma State Regents that preceded Brown are thoughtfully dissected, particularly Plessy, the wellspring of the separate but equal doctrine that Brown overturned.
 
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