Separate but equal was a legal doctrine in United States constitutional law, according to which racial segregation did not necessarily violate the Fourteenth Amendment to the United States Constitution, which nominally 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 1934–1936 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 1939–1940, the average salary of a white teacher in Florida was $1,148, whereas for a black teacher it was $585.
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 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.
Because new research showed that segregating students by race was harmful to them, even if facilities were equal, "separate but equal" facilities were found to be unconstitutional in a series of Supreme Court decisions under Chief Justice Earl Warren, starting with Brown v. Board of Education of 1954. However, the subsequent overturning of segregation laws and practices 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.
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