Editing Separate but equal (section)

==Legal rejection==
=== Before Warren Court ===
{{Original research section|date=March 2014}}The repeal of such restrictive laws, generally known as [[Jim Crow laws]], was a key focus of the [[Civil rights movement (1896–1954)|Civil Rights Movement]] prior to 1954. In ''[[Sweatt v. Painter]]'', the Supreme Court addressed a legal challenge to the doctrine when a Texan black student, [[Heman Marion Sweatt]], was seeking admission into the state-supported [[University of Texas School of Law|School of Law]] of the [[University of Texas]]. Since Texas did not have a [[Thurgood Marshall School of Law|law school for black students]], the lower court continued the case for six months so that a state-funded law school for black students (now known as [[Thurgood Marshall School of Law]] at [[Texas Southern University]]) could be created. When further appeals to the [[Texas Supreme Court]] failed, Sweatt, along with the [[National Association for the Advancement of Colored People|NAACP]], took the case to the federal courts, before it eventually reached the [[Supreme Court of the United States]]. Here, the original decision was reversed and Sweatt was admitted into the [[University of Texas School of Law]]. This decision was based on the grounds that the separate school failed to qualify as being "equal", because of both quantitative differences, such as its facilities, and intangible factors, such as its isolation from most of the future lawyers with whom its graduates would interact. The court held that, when considering graduate education, intangible factors must be considered as part of "substantive equality". The same day, the Supreme Court in ''[[McLaurin v. Oklahoma State Regents]]'' ruled that segregation laws in Oklahoma, which had required an African-American graduate student working on a Doctor of Education degree to sit in the hallway outside the classroom door, did not qualify as "separate but equal". These cases ended the "separate but equal" doctrine in graduate and professional education.{{cn|date=January 2022}}

=== The Warren Court ===
In 1953, [[Earl Warren]] became the 14th [[Chief Justice of the United States]], and the [[Warren Court]] started a [[Liberalism in the United States|liberal]] constitutional revolution which outlawed [[racial segregation]] and "separate but equal" throughout the United States in a series of landmark rulings.<ref>E.g., Virginia [[Racial Integrity Act]], Virginia Code § 20–58 and § 20–59</ref><ref name=":0">{{Cite web|url=https://americanhistory.si.edu/brown/history/5-decision/courts-decision.html|title=The Court's Decision - Separate Is Not Equal|website=americanhistory.si.edu|access-date=2019-10-20}}</ref><ref>{{Cite web|url=https://core.ac.uk/download/pdf/73968804.pdf|title=The Warren Court: Completion of a Constitutional Revolution|website=William & Mary Law School Scholarship Repository|access-date=2019-10-20|archive-date=2019-10-03|archive-url=https://web.archive.org/web/20191003223936/https://core.ac.uk/download/pdf/73968804.pdf|url-status=dead}}</ref><ref name=":1">{{Cite web|url=https://www.oyez.org/cases/1940-1955/347us483|title=Brown v. Board of Education of Topeka|website=[[Oyez Project]]|language=en|access-date=2019-10-20}}</ref><ref>{{Cite web|url=https://www.oyez.org/cases/1964/515|title=Heart of Atlanta Motel, Inc. v. United States|website=Oyez Project|language=en|access-date=2019-10-20}}</ref>

In ''[[Brown v. Board of Education]] (1954)'' ''347 U.S. 483'' , attorneys for the [[NAACP]] referred to the phrase "equal but separate" used in ''[[Plessy v. Ferguson]]'' as a custom ''[[de jure]]'' [[racial segregation]] enacted into law. The NAACP, led by [[Thurgood Marshall]] (who became the first black Supreme Court Justice in 1967), was successful in challenging the [[Constitutionality|constitutional]] viability of the "separate but equal" doctrine. The [[Warren Court]] voted to overturn sixty years of law that had developed under ''Plessy''. The Warren Court outlawed segregated public education facilities for blacks and whites at the state level. The companion case of ''[[Bolling v. Sharpe]]'', ''347 U.S. 497'' outlawed such practices at the Federal level in the [[District of Columbia]]. Chief Justice Earl Warren wrote in the court opinion:<ref name=":0" /><ref name=":1" />
<blockquote>We conclude that, in the field of public education, the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment.</blockquote>

Although ''Brown'' overturned the doctrine of "separate but equal" in institutions of public education, it would be almost ten more years before the [[Civil Rights Act of 1964]] would prohibit racial discrimination in facilities that were deemed public accommodations (transportation, hotels, etc.).

Additionally, in 1967, under ''[[Loving v. Virginia]]'', the Warren Court declared [[Virginia]]'s [[anti-miscegenation]] statute, the [[Racial Integrity Act of 1924]], unconstitutional, thus invalidating all [[anti-miscegenation laws in the United States]].<ref name=":2">{{Cite web|url=https://www.oyez.org/cases/1966/395|title=Loving v. Virginia|website=Oyez Project|language=en|access-date=2019-10-20}}</ref> Chief Justice [[Earl Warren]] wrote the court majority opinion:<ref name=":2" /><ref>{{Cite web|url=https://www.law.cornell.edu/supremecourt/text/388/1|title=Loving v. Virginia|website=LII / [[Legal Information Institute]]|language=en|access-date=2019-10-20}}</ref>

=== After Warren Court ===
In 1975, Jake Ayers Sr. filed a lawsuit against [[Mississippi]], stating that they gave more financial support to the predominantly white public colleges. The state settled the lawsuit in 2002, directing $503 million to three historically black colleges over 17 years.<ref>{{cite web|url=http://politics.gaeatimes.com/2009/11/19/opposition-strong-to-barbours-plan-to-merge-mississippis-3-black-universities-into-1-795/|title=Opposition strong to Barbour's plan to merge Mississippi's 3 black universities into 1|date=November 19, 2009|agency=[[Associated Press]]|access-date=2010-01-21}}</ref>