De Facto Segregation | Definition, History & Examples

History of De Facto Segregation

De facto segregation has a long history in the U.S. with most practices being centered around de facto racism. Discrimination and segregation have roots in the slave trade from the early 17th century in America. Most colonies and then eventually states used slaves in agricultural labor. Slave quarters and areas of work were often segregated from the rest of society. Abraham Lincoln issued the Emancipation Proclamation in 1863 that outlawed slavery. The passing of the 13th, 14th, and 15th Amendments made slavery illegal and protected their civil rights like voting after they became free. To combat former slaves from having rights, some states issued what was known as Jim Crow Laws that set up de facto racism policies to oppress Black people outside the reach of federal laws. Jim Crow Laws were de facto discrimination laws that prevented, or limited, access to certain rights such as voting and property ownership.

De facto segregation practices became law in the case of Plessy v. Ferguson 1896. The Supreme Court ruled in favor of segregation in public areas citing the principle of "separate but equal" as constitutional. The ruling in the case created the de jure, or by law, segregation. Almost 60 years after the Plessy case, the Brown v. Board of Education 1954 case ruling overturned the Plessy decision. In the Brown v. Board case, the Supreme Court found that segregation in public schools and public areas was unconstitutional. The Court decided that the "separate but equal" de jure concept was not fair to segregated people and organizations. However, the ruling inspired the move back to de facto segregation practices to stall the rights being given to minorities.

De Facto Discrimination Examples

A common de facto discrimination example was when states or local jurisdictions segregated public areas, like schools, based on race. Many school districts in the south would consist of two schools, Black and white. The Black schools were notoriously underfunded compared to their in-district white school counterparts.

Another de facto segregation example was in residential matters. Redlining was a term used in real estate and neighborhoods that indicated which neighborhoods were the best choices for certain races. Many neighborhoods were segregated in this way, and some still are.

There were many de facto examples of segregation that existed in voting during the Civil Rights Era. These were often part of the Jim Crow Laws that made access to voting and voting itself more difficult for racial minorities. Some states and towns utilized a writing test, poll taxes, grandfather clauses, and other methods that encouraged de facto racism.