Legal Definitions - de jure segregation

De jure segregation refers to the legal separation of people, typically based on race or ethnicity, that is mandated or sanctioned by government laws, policies, or official actions. This means the separation is not merely a social custom or a result of individual choices, but is enforced through explicit legal statutes or regulations.

• Example 1: Public School Systems

  Consider a state in the mid-20th century that passed a law explicitly requiring all public schools to be designated as either "for white students" or "for Black students," with separate facilities, teachers, and administrations for each. This legal framework dictated that children of different races could not attend the same schools, regardless of their proximity or preference.

  Explanation: This scenario illustrates de jure segregation because the separation of students by race was not accidental or voluntary; it was a direct consequence of a specific, legally enacted state statute. The law itself created and enforced the segregated educational system, making the separation mandatory and legally binding.

• Example 2: Residential Zoning Ordinances

  Imagine a city in the early 20th century that enacted zoning ordinances specifically designating certain neighborhoods as exclusively for residents of a particular racial or ethnic group, while prohibiting others from owning property or residing in those areas. These laws were enforced by the city's planning and legal departments.

  Explanation: This is an example of de jure segregation because the division of residential areas along racial lines was not a natural outcome of housing markets or individual choices. Instead, it was a formal requirement established and enforced by municipal law, legally restricting where people of different races could live.

• Example 3: Anti-Miscegenation Laws

  Think about historical state laws, often called "anti-miscegenation laws," that legally prohibited marriage between individuals of different races. These laws would declare such marriages void and sometimes even impose criminal penalties on couples who attempted to marry across racial lines.

  Explanation: This demonstrates de jure segregation because the government, through its legal code, explicitly forbade and criminalized certain types of interracial relationships. By preventing marriage between individuals of different races, the state legally enforced a separation of racial groups in one of the most fundamental social institutions: marriage.