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Which amendment was violated by separate but equal?

Published in Constitutional Law 3 mins read

The Fourteenth Amendment was violated by the doctrine of "separate but equal." Specifically, its Equal Protection Clause was at the heart of the legal challenge and subsequent overturning of this discriminatory practice.

Understanding "Separate But Equal"

The doctrine of "separate but equal" emerged from the 1896 Supreme Court case, Plessy v. Ferguson. This ruling upheld the constitutionality of racial segregation under the premise that facilities for different races could be "separate" as long as they were "equal" in quality. This decision provided the legal framework for pervasive segregation across public life, including:

  • Education: Separate schools for white and Black students.
  • Public Transportation: Segregated seating on buses and trains.
  • Public Facilities: Separate restrooms, waiting rooms, and water fountains.
  • Housing and Employment: De facto segregation and discriminatory practices that limited opportunities.

Despite the legal justification, these "separate" facilities were rarely, if ever, truly "equal," often providing inferior resources and opportunities to Black Americans.

The Fourteenth Amendment and Its Violation

Ratified in 1868 during the Reconstruction Era, the Fourteenth Amendment was designed to grant citizenship and equal civil and legal rights to African Americans and enslaved people who had been emancipated after the American Civil War. Key provisions relevant to "separate but equal" include:

  • Citizenship Clause: Granted citizenship to all persons born or naturalized in the United States.
  • Due Process Clause: Prohibits states from depriving any person of life, liberty, or property without due process of law.
  • Equal Protection Clause: Most critically, this clause states, "nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

The "separate but equal" doctrine was a direct violation of this Equal Protection Clause because, by mandating segregation, states were effectively denying certain citizens the same legal protections and opportunities afforded to others, solely based on race.

Overturning "Separate But Equal": Brown v. Board of Education

The unconstitutionality of "separate but equal" was definitively established in the landmark 1954 Supreme Court case, Brown v. Board of Education of Topeka. In this pivotal decision, the Court directly challenged the premise of Plessy v. Ferguson.

The Court famously declared that "separate is not equal." It recognized that segregation, particularly in public education, inherently generated a sense of inferiority among African American children, which could not be undone by providing facilities that were merely physically comparable. This ruling affirmed that segregation itself, regardless of the quality of facilities, violated the Equal Protection Clause of the Fourteenth Amendment. The inherent inequality created by segregation was deemed unconstitutional, marking a significant turning point in the American Civil Rights Movement.

Impact of the Brown Decision

The Brown v. Board of Education ruling laid the groundwork for the dismantling of legal segregation across the United States. Its impact was profound:

  • Desegregation of Public Schools: While implementation was slow and met with resistance, the ruling mandated an end to de jure segregation in public education.
  • Catalyst for Civil Rights Movement: It energized the burgeoning Civil Rights Movement, providing a legal basis for challenging other forms of segregation and discrimination.
  • Affirmation of Equality: It reinforced the principle that all citizens, regardless of race, are entitled to equal protection under the law, directly reflecting the intent of the Fourteenth Amendment.