I keep mentioning it because in the U.S., equal protection from discrimination was long considered as something that could only be enforced against government discrimination due to the particularities of U.S. Constitutional law. Thus, the argument was made that the feds could stop government discrimination like at public schools for example, but that they couldn't prevent private businesses from discriminating. Thus, businesses put out "whites only" signs, because until the civil rights laws were passed, they could get away with it under the constitution.
The civil rights laws in the U.S. had to basically use a loophole to get around the Constitution's guarantees on freedoms that would have allowed for continued discrimination. The way they did that is they realized there is a section of the Constitution that says the federal government has power to regulate commerce between the states. Thus, they used that clause to say preventing discrimination in businesses that are available to the public is allowable under the Constitution.
Thus, the Civil Rights laws were allowed to stand. However, there us still some tension about this and many conservatives continue to argue that this was an improper use of the Commerce clause. Notwithstanding, the effect has been gradual integration and the creation of a social stigma such that almost no one will now put up a "whites only" sign in front of their business.
I keep mentioning it because in the U.S., equal protection from discrimination was long considered as something that could only be enforced against government discrimination due to the particularities of U.S. Constitutional law. Thus, the argument was made that the feds could stop government discrimination like at public schools for example, but that they couldn't prevent private businesses from discriminating. Thus, businesses put out "whites only" signs, because until the civil rights laws were passed, they could get away with it under the constitution.
The civil rights laws in the U.S. had to basically use a loophole to get around the Constitution's guarantees on freedoms that would have allowed for continued discrimination. The way they did that is they realized there is a section of the Constitution that says the federal government has power to regulate commerce between the states. Thus, they used that clause to say preventing discrimination in businesses that are available to the public is allowable under the Constitution.
Thus, the Civil Rights laws were allowed to stand. However, there us still some tension about this and many conservatives continue to argue that this was an improper use of the Commerce clause. Notwithstanding, the effect has been gradual integration and the creation of a social stigma such that almost no one will now put up a "whites only" sign in front of their business.