Justice Harlan's Dissent
On May 18, 1896, the court case Plessy v. Ferguson was decided with a 7-1 leading on the side of John H. Ferguson. Though the case had a lead on Ferguson's side, the one judge who voted for Homer A. Plessy's side was Justice John Marshall Harlan. He had voted on the side of civil liberties, believing that "all citizens are equal before the law."
The case of Plessy v. Ferguson was a civil rights case on whether or not Homer A. Plessy, a man who is 1/8ths black, should be allowed to sit in the segregated white section of the train car. At the time, this was a controversial case, as it was an argument about the rights of black citizens. Making this a landmark case.
There was a single judge who voted in favor of the more controversial side. That judge being Justice John Harlan. His family had been slaveholders, so he was familiar with black slavery and civil rights arguments. He did have a half-brother who was mixed raced named Robert James Harlan. Some believe that his brother Robert may have been an influential factor in his final decision of the case.
Some of Justice Harlan's arguments included how the state could separate the races but only if the facilities used were equal. Another idea he brought forward was that the constitution was color-blind and that the United States had no official written class system. His arguments were heard but not considered. Leading to the side of Homer Plessy being lost to a 7-1 majority.
The case of Plessy v. Ferguson was not the only case that Justice John Harlan had a dissenting opinion on. He had also dissented in another civil liberties case called Giles v. Harris. A case that argued that black citizens should be able to register to vote. Justice Harlan had the dissenting opinion on the side of civil liberties here as well. The case eventually being overturned as the 14th Amendment didn't back the final decision.
So, to finish, Justice John Marshall Harlan was a person of the Civil Rights movement who was in a position of power, being a Supreme Court judge. His arguments supported civil rights and brought attention to the issues even when they did not get through to the courts closed mindset about segregation.
Sources:
John Marshall Harlan - Wikipedia
Plessy v. Ferguson - Wikipedia
Why Did Harlan Dissent In Plessy V Ferguson? - QuestionAnswer.io




