Supreme Court Cases: Loving V. California

During the reconstruction era, civil rights were regarded as unconstitutional since it never covered all Americans and the Indians and the freed men were not given equal rights as true Americans. There was a lot of discrimination by the government towards the black Americans. The Civil Rights Movement put this into light and made amendments on social rights where all citizens were expected to be treated equally and policies were made to protect the rights of these black freed men (Johnson 1998: Clayborne 2003).

The Supreme Court case Loving v. Virginia (1967) resulted in the striking down of state laws that prohibited whites and African Americans from marrying. Mildred Loving, one of the parties in the case, issued a statement on the fortieth-anniversary of her case in which she urged that same-sex couples be allowed to marry.

Like Martin Luther King Jr said, “We may have all come on different ships, but we’re in the same boat now". In the 1800's and mid 1900's there were several cases where it lacked equality to the blacks. The Civil Rights movement helped people understand that nobody is better or greater than somebody else because of their skin color. Three Supreme Court cases influenced the civil right movement by showing why everybody should be treated equal and should have the same rights that the whites had: Dred Scott v. Sanford, Brown v. Board of Education, and Loving v. Virginia.

The Equal Protection Clause derives from the Fourteenth Amendment, which specifies “no state shall deny to any person within its jurisdiction the equal protection of the laws…” As a part of the Reconstruction Amendments, the aforementioned clause was meant to ensure racial equality in the Reconstruction Period and has been applied successfully against the affirmative action. Introduced in United States v. Carolene Products Co., the strict scrutiny has been applied to the cases, in which a fundamental constitutional rights have been infringed or a government action applies to a suspect classification (i.e. race, religion, national background). Specifically, in regards to Bakke v. Regents of University of California, the Supreme Court (“the Court”) concluded that, considering that the University of California, Davis received several Caucasian applicants for its special admission program in 1973 and 1974 and that none of the applicants received the admission to the program since the start, the program unfairly administered in favor of minority races and, therefore, violated the rights of the white applicants under the Equal Protection Clause of the Fourteenth Amendment. Furthermore, from Hopwood v. State of Texas, the Fifth Circuit Court ruled under strict scrutiny that, the affirmative action imposed by the University of Texas School of Law (“the law school”) violates the Fourteenth Amendment since neither the law school nor the University of Texas system has proved a proof of

The Plessy V. Ferguson and Brown V. Board of Education are two cases that changed the way that we live today in a quite dramatic way. The Plessy V. Ferguson was a case that promoted segregation. The majority voted for segregation and the minorities opposed the idea and the key precedent that was established after this case was that the U.S. Supreme Court didn't base their trial off of the constitution and instead based their trial upon the statement 'separate but equal'. The Brown V. Board of Education case was a case that completely opposed the idea of 'separate but equal' because the whole case revolved around the fact that a mother wanted her children to go to a school that was easier to get to however it was a school that was only for white children so the mother decided to take the case to court and the majority voted on letting the African American students attend white schools and the minorities voted otherwise. The key precedent that was established after this case was that segregation in schools violates the 14th amendment and it should not be permitted by the U.S. Supreme Court. These two cases were important for the transformation for the America we have today, and they influenced America's thought process and actions significantly.

Ten years prior we had Brown v. The Board of Education, which a few of the same Justices serving on Katzenbach v. McClung were on, that stated that “separate educational facilities is inherently unequal”. Then, with the Civil Rights Act of 1964 we saw the outlawing of segregation and discrimination in public places. This was put to the test by two small southern businesses that claimed Congress had no right to interfere with their local establishments, but the Supreme Court did right by upholding the constitution, and it seemed to be a no brainer as seen by the unanimous decision by the court. It was tense time and shameful part of our history, but without decisions made by these men we might not be where we are today. Racism and discrimination still exist all over the globe to this day. We have come a long way though, and if it wasn’t for people continuing to do the right thing whether they are a majority or minority then we wouldn’t have the freedoms that we have today. The Supreme Court got it right with this decision, not just by upholding the Constitution, but for our Country and Humanity in

One of the most historical cases in African American history is Brown v. Board of Education in 1954. Basically this case is a consolidation of several different cases from Kansas, South Carolina, Virginia, and Delaware. Several black children sought admission to public schools that required or permitted segregation based on race. The plaintiffs alleged that segregation was unconstitutional under the Equal Protection Clause of the 14th Amendment. In all but one case, a three judge federal district court cited Plessy v. Ferguson (an earlier civil rights case that segregated races on trains) in denying relief under the “separate but equal doctrine.” On appeal to the Supreme Court, the plaintiffs contended that segregated schools were not and could not be made equal and that they were therefore deprived of equal protection of the laws. This case broke the first segregation barrier in African American history. The base issue of the case was that: is the race-based segregation of children into “separate but equal” public schools constitutional? The final ruling of this case was: No. The race-based segregation of children into “separate but equal” public schools violates the equal protection clause of the 14th amendment and is unconstitutional. This made lead way for the future black and civil rights activists such as Martin Luther King Jr. and Rosa parks. Slavery

The Civil Rights Movement’s influence has been extensive and enduring. It has transformed the American culture and society up until this present day. Even though racism has not disappeared, there is far less tolerance for racist attitudes and behavior than before the 1960s. It has occupied a large part of the American history and is still a very controversial subject today. The goal of the Civil Rights Movement was to end racial segregation and discrimination against the African Americans or as were called at that time “Negros”. African Americans also sought for federal protection of their citizenship rights and to grant them equal protection under the 13th and 14th Amendment in the U.S. Constitution. Below are three of the landmark cases heard

Once the Supreme Court decided that segregation in public schools was unconstitutional and there would be no more segregation in schools it created a lot more diversity in all of the public schools. It helped a lot of African Americans go to schools and have equal access like all the other kids. Now a total of 85% of African Americans have a high school diploma which is almost equivalent to the 89% of white who have a high school diploma. Where in 1954 only 60% of African Americans had a high school diploma. Being able to have 25% more

The Civil Rights Movement “began the process of removing legal discrimination based on race, gender, and other characteristics” (Source 23), and the goal was for everyone to be considered equal, and have the ability to vote. After a multitude amount of protests, along with Rosa Parks and the Montgomery Bus Boycott, the American government decided to take action. After evaluating many different investigations, the Supreme Court decided to outlaw “separate public schools for black and white schoolchildren” (Source 19) in the Brown vs Board of Education court case. This allowed black and white students to attend the same school.

people. Before the civil rights movement, black people were treated horribly and were not allowed to do things that white people could do. Judgement and harassment were a big part of the civil rights era because no one was treated equally. The Supreme Court effected the civil rights movement in a very positive way: Plessy v. Ferguson, Brown v. Board of education and Swann v. Charlotte - Mecklenburg board of education.

A staff writer at History.com wrote, “In 1954, the U.S. Supreme Court struck down the “separate but equal” doctrine that formed the basis for state-sanctioned discrimination, drawing national and international attention to African Americans’ plight. They then passed the Voting Rights Act of 1965 and the Civil Rights Act of 1968. “ The civil rights movement exposed black lives too harsh cruelty, unreal racism, and the inability to support themselves during the great depression.

The Brown vs Board of Education was a remarkable set of five cases that paved the way for desegregation in schools and eventually resulting in the Civil Rights Act being passed. These cases however weren’t the only catalysts that forced the Supreme Court to question the wording of the Constitution and the Bill of Rights and neither were they the only pivotal cases that changed the way America as a whole looked at the black community and how to interact with them.

Even though most people only know of the famous Brown v. Board of Education case, many other cases also took a major part in overturning the harsh laws that African Americans faced for a long period of time in this country. Brown v. Board of Education was the most important Supreme Court decision of the 20th century (National Park). Without this case, the education system and other segregated facilities might not have ever changed through the course of history (Kirk). Not only was this one person fighting the Board of Education, but it consisted of multiple cases put together to take to the Supreme Court. This shows that lots of people had the same feeling towards the subject at hand. These various cases and the people involved in each

There has been a long struggle for the equality of races built from blatant racism and the belief that one race is superior over the other. In some events there has been concern over constitutional rights being ignored creating inequality favoring whites over blacks. The Supreme Court Case of Plessy v. Ferguson in 1896 and Brown v. Board of Education in 1954 both dealt with black American citizens who felt discriminated against based on their race. Plessy v. Ferguson had determined that “separate but equal” was fair, but Brown v. Board challenged the previous ruling on racial equality and decided separate could never be equal.