Monday, October 19, 2015

The Other Jim Crow

In 1896, Plessy v. Ferguson created "separate but equal," and in 1954, Brown v. Board ended it. So goes the story of Jim Crow in America. In reality, what Plessy started affected far more than the struggling free blacks, and Chief Justice Earl Warren's decision in Brown was not the first case of its kind. Non-black minorities, notably Mexican-Americans, suffered from, and fought against Jim Crow just as much as their black counterparts did.
Mexican-Americans and other Latinos were not enslaved by the USA. That is a fact, and trying to equate the suffering of two distinct minorities is both pointless and demeaning. However, the fact remains that Jim Crow often segregated Latinos the same way it did African Americans. Court cases like Lopez v. Seccombe, Mendez v. Westminister, and Hernandez v. Texas represented successful efforts to overturn the doctrine of Plessy.
A 1944 district court case, Lopez saw 8000 Mexican-Americans and Puerto Ricans in San Bernardino, who sued to gain access to a public park, win a permanent injunction prohibiting the segregation of persons of Mexican or Latin ancestry.
Mendez v. Westminister, a 1947 federal court case, explicitly overturned "separate but equal" even though the judge found that "the physical facilities, teachers and curricula of the segregated school for Mexican children were 'identical and in some respects superior to those in the other schools.'" District Judge McCormick wrote,
"The equal protection of the laws' pertaining to the public school system in California is not provided by furnishing in separate schools the same technical facilities, text books and courses of instruction to children of Mexican ancestry that are available to the other public school children regardless of their ancestry. A paramount requisite in the American system of pub- lic education is social equality. It must be open to all children by unified school association regardless of lineage."
Finally, Hernandez v. Texas reached the Supreme Court two weeks before the Brown v. Board decision. Pedro Hernandez shot and killed a tenant farmer, was tried by an all-white jury, indicted, and then denied bail. The importance of the Supreme Court's ruling that Hernandez was to be retried by a non-segregated jury was not so important regarding Hernandez's innocence, but set a precedent for when the Equal Protection Clause should give preferential treatment to some groups. Although Earl Warren did not explicitly focus on race and instead cited "other differences," the challenge to Jim Crow's institutions remained the same.

Sources:
Juan F. Perea (University of Florida). 31 October 1997. “The Black/White Binary Paradigm of Race: The Normal Science of American Racial Thought.” http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1605&context=californialawreview
Lopez, Ian H., and Michael A. Olivas. "The Story of Hernandez v. Texas." Race Law Stories. By Rachel F. Moran and Devon W. Carbado. New York, NY: Foundation, 2008. N. pag. Web. https://www.law.berkeley.edu/php-programs/faculty/facultyPubsPDF.php?facID=301&pubID=32

3 comments:

  1. This is well researched and shows the other minorities who have been overlooked in our nation's history. It is a great snapshot into the views of the time and the people that have been left out. I also wonder what happened to the Eastern Europeans, East Asians, and Indians when they also arrived as minorities. Surely they were discriminated against, but to what extent when compared to the prejudices against existing minority groups such as Hispanics.

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  2. This is a well-written and informative look into an issue that has often been downplayed in history. Your explanation of the various court cases really shows their significance on a larger scale.

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  3. This is a very interesting incite to the way that the jim crow laws effected races other than African-Americans. When people talk about the Jim Crow laws or really segregation in general the other races are often completely over looked. This is a good reminder that not only were we excluding african-americans but also many other races.

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