In the monumental case Plessy v. Ferguson, one of the most historically important decisions was made in the Supreme Court. In a 7-1 vote, the Court decided to approve separate but equal “gave constitutional sanction to laws designed to achieve racial segregation by means of separate and equal public facilities and services for African Americans and whites”. However, there was one justice, John Marshall Harlan, who made the bold decision to reveal his dissenting opinion on the matter. In this case, Homer Plessy sat in a rail car for “whites only” and was arrested. Upon presentation in court, he argued the constitutionality of segregation specifically under the “separate but equal” doctrine. The Court disagreed, saying it was in fact constitutional, but Justice Harlan disagreed with the Louisiana law enforcing segregation in rail cars.
Justice John Harlan felt very strongly against racial inequalities and was a major voice promoting the rights of African American citizens. This gave them a glimmer of hope that the white community would, at some point, accept them and allow them to integrate into society equally. Harlan ruled fiercely against his colleagues on grounds that the Constitution is colorblind and therefore it would be morally and ethically wrong to treat races as if one is more deserving of rights than another. Justice Harlan said: “The arbitrary separation of citizens on the basis of race while they are on a public highway is a badge of servitude wholly inconsistent with the civil freedom and the equality before the law established by the Constitution. It cannot be justified upon any legal grounds”.
Though this case took place right at the start of the Civil Rights Movement, Harlan’s dissenting opinion was very shocking to the public. Even with all other voting justices believing oppositely of him, he still was able to make and argue his opinion to the public. He feared the other view would create a divide amongst races and therefore slow and prohibit the progression towards advancement for colored people. Through support of the verbiage of the Constitution, it proved there was no support nor notion towards segregation and inequality towards African Americans. Thus, in his opinion, there should not be ill-feelings remaining towards opposing races, rather we should come together and create a trust amongst races.
Not only do I agree with Justice John Harlan, but I find it very admirable he was able to present this opinion. Especially with opposition not only from the general public, but more closely from the other U.S. Supreme Court justices. Besides the immense importance behind the Plessy v. Ferguson case itself, Harlan’s dissenting vote and opinion stand as a backbone for the progress that occurred during the years following in the Civil Rights Movement. It stood for equality, justice and the importance of freedom, and it is commemorative that it came from someone of such importance at the time as Justice John Harlan.
Sources:
https://www.thinkwy.org/post/justice-harlans-imperishable-dissent-in-plessy-v-ferguson
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