Strauder v. West Virginia (1880):
West Virginia law limited jury service to "white male persons, who
are twenty-one years of age and not over sixty, and who are
citizens of this State."
Supreme Court opinion:
1. It was designed to assure to the colored race the enjoyment of
all the civil rights that under the law are enjoyed by white
persons, and to give to that race the protection of the general
government, in that enjoyment, whenever it should be denied by the
States.
2. It ordains that . . . the law in the States shall be the same
for the black as for the white . . . and, in regard to the colored
race, for whose protection the amendment was primarily designed,
that no discrimination shall be made against them by law because
of their color . . .
That the West Virginia statute respecting juries . . . is such a
discrimination ought not to be doubted. Nor would it be if the
persons excluded by it were white men. . . . Nor if a law should
be passed excluding all naturalized Celtic Irishmen, would there
be any doubt of its inconsistency with the spirit of the
amendment. The very fact that colored people are singled out and
expressly denied by a statute all right to participate in the
administration of the law, as jurors, because of their color,
though they are citizens, and may be in other respects fully
qualified, is practically a brand upon them, affixed by the law,
an assertion of their inferiority, and a stimulant to that race
prejudice which is an impediment to securing to individuals of the
race that equal justice which the law aims to secure to all
others.
Plessy v. Ferguson (1896):
1. The object of the amendment was undoubtedly to enforce the
absolute equality of the two races before the law, but, in the
nature of things, it could not have been intended to abolish
distinctions based upon color, or to enforce social, as
distinguished from political, equality, or a commingling of the
two races upon terms unsatisfactory to either. Laws permitting,
and even requiring, their separation in places where they are
liable to be brought into contact do not necessarily imply the
inferiority of either race to the other, and have been generally,
if not universally, recognized as within the competency of the
state legislatures in the exercise of their police power. The most
common instance of this is connected with the establishment of
separate schools for white and colored children, which has been
held to be a valid exercise of the legislative power even by
courts of States where the political rights of the colored race
have been longest and most earnestly enforced.
2. So far, then, as a
conflict with the Fourteenth Amendment is concerned, the case
reduces itself to the question whether the statute of Louisiana
is a reasonable regulation, and, with respect to this, there
must necessarily be a large discretion on the part of the
legislature. In determining the question of reasonableness, it
is at liberty to act with reference to the established usages,
customs, and traditions of the people, and with a view to the
promotion of their comfort and the preservation of the public
peace and good order.
3. We consider the underlying fallacy of the plaintiff's argument
to consist in the assumption that the enforced separation of the
two races stamps the colored race with a badge of inferiority. If
this be so, it is not by reason of anything found in the act, but
solely because the colored race chooses to put that construction
upon it. . . .The argument also assumes that social prejudices may
be overcome by legislation, and that equal rights cannot be
secured to the negro except by an enforced commingling of the two
races. We cannot accept this proposition. If the two races are to
meet upon terms of social equality, it must be the result of
natural affinities, a mutual appreciation of each other's merits,
and a voluntary consent of individuals.
4. Justice Harlan's dissenting opinion: Our constitution
is color-blind, and neither knows nor tolerates classes among
citizens. In respect of civil rights, all citizens are equal
before the law. The humblest is the peer of the most powerful. The
law regards man as man, and takes no account of his surroundings
or of his color when his civil rights as guaranteed by the supreme
law of the land are involved.
Korematsu v. United States (1944):
It should be noted, to begin with,
that all legal restrictions which curtail the civil rights of a
single racial group are immediately suspect. That is not to say
that all such restrictions are unconstitutional. It is to say
that courts must subject them to the most rigid scrutiny.
Pressing public necessity may sometimes justify the existence of
such restrictions; racial antagonism never can.
Brown v. Board of Education of Topeka (1954):
To separate them from others of similar age and qualifications
solely because of their race generates a feeling of inferiority
as to their status in the community that may affect their hearts
and minds in a way unlikely ever to be undone.
Loving v. Virginia (1967):
At the very least, the Equal Protection Clause demands that
racial classifications, especially suspect in criminal statutes,
be subjected to the "most rigid scrutiny," Korematsu v. United
States, 323 U. S. 214, 216 (1944), and, if they are ever to be
upheld, they must be shown to be necessary to the accomplishment
of some permissible state objective, independent of the racial
discrimination which it was the object of the Fourteenth
Amendment to eliminate.