Thomas, J., concurring
circumstances at the time, racial segregation did not “necessarily imply the inferiority of either race to the other”). Congress was not persuaded. Supporters of the soon-to-be 1875 Act successfully countered that symmetrical restrictions did not constitute equality, and they did so on colorblind terms.
For example, they asserted that “free government demands the abolition of all distinctions founded on color and race.” 2 Cong. Rec. 4083 (1874). And, they submitted that “[t]he time has come when all distinctions that grew out of slavery ought to disappear.” Cong. Globe, 42d Cong., 2d Sess., 3193 (1872) (“[A]s long as you have distinctions and discriminations between white and black in the enjoyment of legal rights and privileges[,] you will have discontent and parties divided between black and white”). Leading Republican Senator Charles Sumner compellingly argued that “any rule excluding a man on account of his color is an indignity, an insult, and a wrong.” Id., at 242; see also ibid. (“I insist that by the law of the land all persons without distinction of color shall be equal before the law”). Far from conceding that segregation would be perceived as inoffensive if race roles were reversed, he declared that “[t]his is plain oppression, which you … would feel keenly were it directed against you or your child.” Id., at 384. He went on to paraphrase the English common-law rule to which he subscribed: “[The law] makes no discrimination on account of color.” Id., at 385.
Others echoed this view. Representative John Lynch declared that “[t]he duty of the law-maker is to know no race, no color, no religion, no nationality, except to prevent distinctions on any of these grounds, so far as the law is concerned.” 3 Cong. Rec. 945 (1875). Senator John Sherman believed that the route to peace was to “[w]ipe out all legal discriminations between white and black [and] make no distinction between black and white.” Cong. Globe, 42d Cong., 2d Sess., at 3193. And, Senator Henry Wilson
