Equality/Equal Protection Equal Protection in the Courts: Racial Discrimination 1. In the 1896 case Plessy v. Ferguson, 165 U.S. 537 (1896), the Supreme Court ruled that requiring railroads to provide separate cars for black and white passengers was not a violation of equal protection. The Court held that "separate but equal" did not indicate that one of the races was to be considered inferior. 2. Ultimately, however, the Equal Protection Clause was used to outlaw segregation. In Brown v. Board of Education, 347 U.S. 483 (1954), the Justices found that "separate but equal" is "inherently unequal." This decision began the process of ending segregation in many spheres, including universities, public buses, public parks and libraries, etc. 3. In the case Korematsu v. United States, 323 U.S. 214 (1944), a Japanese-American challenged the policy of interning persons of Japanese descent during World War II. The Court determined that the highly unusual demands of wartime security justified the military orders in question. However, in reaching this result, the Court made it clear that distinctions in law and practice based on race are "inherently suspect." The Justices held that such laws and practices must withstand "strict scrutiny" by the courts. 4. "Strict scrutiny" means that a law or practice that discriminates on the basis of race, national origin, alien status, or some other fundamental right such as freedom of speech or religion will be examined very closely by the courts. The government must show that it has a "compelling interest"—an extremely important reason—for treating people differently on one of these bases. It also must show that the government action was the least restrictive means to achieving its purpose and is narrowly tailored to advance this compelling interest. Speech Ideas/Talking Points Home | Equality/Equal Protection Home Tips on Volunteering Home