Separate but equal in the context of "Racial segregation in the United States"

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👉 Separate but equal in the context of Racial segregation in the United States

Facilities and services such as housing, healthcare, education, employment, and transportation have been systematically separated in the United States based on racial categorizations. Notably, racial segregation in the United States was the legally and/or socially enforced separation of African Americans from whites, as well as the separation of other ethnic minorities from majority communities. While mainly referring to the physical separation and provision of separate facilities, it can also refer to other manifestations such as prohibitions against interracial marriage (enforced with anti-miscegenation laws), and the separation of roles within an institution. The U.S. Armed Forces were formally segregated until 1948, as black units were separated from white units but were still typically led by white officers.

In the 1857 Dred Scott case (Dred Scott v. Sandford), the U.S. Supreme Court found that Black people were not and could never be U.S. citizens and that the U.S. Constitution and civil rights did not apply to them. Congress passed the Civil Rights Act of 1875, but it was overturned by the U.S. Supreme Court in 1883 in the Civil Rights Cases. The U.S. Supreme Court upheld the constitutionality of segregation in Plessy v. Ferguson (1896), so long as "separate but equal" facilities were provided, a requirement that was rarely met. The doctrine's applicability to public schools was unanimously overturned in Brown v. Board of Education (1954). In the following years, the court further ruled against racial segregation in several landmark cases including Heart of Atlanta Motel, Inc. v. United States (1964), which helped bring an end to the Jim Crow laws.

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Separate but equal in the context of Civil Rights Movement

The civil rights movement was a social movement in the United States from 1954 to 1968 which aimed to abolish legalized racial segregation, discrimination, and disenfranchisement in the country, which most commonly affected African Americans. The movement had origins in the Reconstruction era in the late 19th century, and modern roots in the 1940s. After years of nonviolent protests and civil disobedience campaigns, the civil rights movement achieved many of its legislative goals in the 1960s, during which it secured new protections in federal law for the civil rights of all Americans, including the Civil Rights Act of 1964 and the Voting Rights Act of 1965.

Following the American Civil War (1861–1865), the three Reconstruction Amendments to the U.S. Constitution abolished slavery and granted citizenship to all African Americans, the majority of whom had recently been enslaved in the southern states. During Reconstruction, African-American men in the South voted and held political office, but after 1877 they were increasingly deprived of civil rights under racist Jim Crow laws (which for example banned interracial marriage, introduced literacy tests for voters, and segregated schools) and were subjected to violence from white supremacists during the nadir of American race relations. African Americans who moved to the North in order to improve their prospects in the Great Migration also faced barriers in employment and housing. Legal racial discrimination was upheld by the Supreme Court in its 1896 decision in Plessy v. Ferguson, which established the doctrine of "separate but equal". The movement for civil rights, led by figures such as W. E. B. Du Bois and Booker T. Washington, achieved few gains until after World War II. In 1948, President Harry S. Truman issued an executive order abolishing discrimination in the armed forces.

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Separate but equal in the context of Brown v. Board of Education

Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), was a landmark decision of the United States Supreme Court which ruled that U.S. state laws establishing racial segregation in public schools violate the Equal Protection Clause of the Fourteenth Amendment and hence are unconstitutional, even if the segregated facilities are presumed to be equal. The decision partially overruled the Court's 1896 decision Plessy v. Ferguson, which had held that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality, a doctrine that had come to be known as "separate but equal" and was rejected in Brown based on the argument that separate facilities are inherently unequal. The Court's unanimous decision in Brown and its related cases paved the way for integration and was a major victory of the civil rights movement, and a model for many future impact litigation cases.

The case involved the public school system in Topeka, Kansas, which in 1951 had refused to enroll the daughter of local black resident Oliver Brown at the school closest to her home, instead requiring her to ride a bus to a segregated black school farther away. The Browns and twelve other local black families in similar situations filed a class-action lawsuit in U.S. federal court against the Topeka Board of Education, alleging its segregation policy was unconstitutional. A special three-judge court of the U.S. District Court for the District of Kansas heard the case and ruled against the Browns, relying on the precedent of Plessy and its "separate but equal" doctrine. The Browns, represented by NAACP chief counsel Thurgood Marshall, appealed the ruling directly to the Supreme Court, who issued a unanimous 9–0 decision in favor of the Browns. However, the decision's 14 pages did not spell out any sort of method for ending racial segregation in schools, and the Court's second decision in Brown II (1955) only ordered states to desegregate "with all deliberate speed".

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Separate but equal in the context of Jim Crow

The Jim Crow laws were state and local laws introduced in the Southern United States in the late 19th and early 20th centuries that enforced racial segregation. The origin of the term "Jim Crow" is obscure, but probably refers to slave songs that refer to an African dance called "Jump Jim Crow." The last of the Jim Crow laws were generally overturned in 1965 by the Voting Rights Act of 1965. Formal and informal racial segregation policies were present in other areas of the United States as well, even as several states outside the South had banned discrimination in public accommodations and voting. Southern laws were enacted by white-dominated state legislatures (Redeemers) to disenfranchise and remove political and economic gains made by African Americans during the Reconstruction era. Such continuing racial segregation was also supported by the successful Lily-white movement.

In practice, Jim Crow laws mandated racial segregation in all public facilities in the South, beginning in the 1870s. Jim Crow laws were upheld in 1896 in the case of Plessy v. Ferguson, in which the Supreme Court laid out its "separate but equal" legal doctrine concerning facilities for African Americans. Public education had essentially been segregated since it began during the Reconstruction era after 1863. Companion laws excluded most African Americans from the vote in the South.

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Separate but equal in the context of Civil union

A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, primarily intended to provide legal recognition for same-sex couples. Civil unions grant some or all of the rights of marriage, with child adoption being a common exception.

Civil unions have been established by law in several mostly developed countries in order to provide legal recognition of relationships formed by same-sex couples and to afford them rights, benefits, tax breaks, and responsibilities. In 1989, Denmark was the first country to legalise civil unions; however, most other developed democracies did not begin establishing them until the 1990s and early 2000s. In Brazil, civil unions were first created for opposite-sex couples in 2002, and then expanded to include same-sex couples in 2011. In the majority of countries that established same-sex civil unions, they have since been either supplemented or replaced by same-sex marriage. Civil unions are viewed by LGBT rights campaigners as a "first step" towards establishing same-sex marriage, as civil unions are viewed by supporters of LGBT rights as a "separate but equal" status.

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Separate but equal in the context of Plessy v. Ferguson

Plessy v. Ferguson, 163 U.S. 537 (1896), was a landmark United States Supreme Court decision ruling that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality, a doctrine that came to be known as "separate but equal". The decision legitimized the many "Jim Crow laws" re-establishing racial segregation that had been passed in the American South after the end of the Reconstruction era in 1877.

The underlying case began in 1892 when Homer Plessy, a mixed-race man, deliberately boarded a whites-only train car in New Orleans. By boarding the whites-only car, Plessy violated Louisiana's Separate Car Act of 1890, which required "equal, but separate" railroad accommodations for white and black passengers. Plessy was charged under the Act, and at his trial his lawyers argued that judge John Howard Ferguson should dismiss the charges on the grounds that the Act was unconstitutional. Ferguson denied the request, and the Louisiana Supreme Court upheld Ferguson's ruling on appeal. Plessy then appealed to the U.S. Supreme Court.

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