Man whose arrest led to ‘separate but equal’ pardoned

NEW ORLEANS — Louisiana’s governor on Wednesday posthumously pardoned Homer Plessy, the Black man whose arrest for refusing to leave a whites-only railroad car in 1892 led to the Supreme Court ruling that cemented “separate but equal” into U.S. law for half a century.

The state Board of Pardons last year recommended the pardon for Plessy, who boarded the rail car as a member of a small civil rights group hoping to overturn a state law segregating trains. Instead, the protest led to the 1896 ruling known as Plessy v. Ferguson, which solidified whites-only spaces in public accommodations such as transportation, hotels and schools for decades.

At a ceremony held near the spot near where Plessy was arrested, Gov. John Bel Edwards said he was “beyond grateful” to help restore Plessy’s “legacy of the rightness of his cause, undefiled by the wrongness of his conviction.”

Keith Plessy, whose great-greatgrandfather was Plessy’s cousin, called the event “truly a blessed day for our ancestors and for children not yet born.”

Since the pardon board vote in November, “I’ve had the feeling that my feet are not touching the ground, because my ancestors are carrying me,” he said.

Justice Henry Billings Brown wrote in the 7-1 decision: “Legislation is powerless to eradicate racial instincts or to abolish distinctions based upon physical differences.”

Justice John Marshall Harlan was the only dissenting voice, writing that he believed the ruling “will, in time, prove to be quite as pernicious as the decision made by this tribunal in the Dred Scott Case” — an 1857 decision that said no Black person who had been enslaved or was descended from a slave could ever become a U.S. citizen.

The ceremony began with cellist Kate Dillingham — a descendant of the dissenting justice — playing “Lift Every Voice and Sing” while the audience sang along.

The Plessy v. Ferguson ruling allowing racial segregation across American life stood as the law of the land until the Supreme Court unanimously overruled it in 1954, in Brown v. the Board of Education. Both cases argued that segregation laws violated the 14th Amendment’s right to equal protection.

The Brown decision led to widespread public school desegregation and the eventual stripping away of Jim Crow laws that discriminated against Black Americans.