> So, here’s a timeline: The 14th amendment was passed in 1868. For 135 years, it was perfectly consistent with that amendment for states to put people in jail

> So, here’s a timeline: The 14th amendment was passed in 1868. For 135 years, it was perfectly consistent with that amendment for states to put people in jail for having the wrong kind of sex. Then, one day, it wasn’t anymore. This is wrong. When precedent is overturned, it's because the law struck down was never consistent with the amendment(s) at issue. Segregation was not perfectly consistent with the 14th Amendment prior to Brown v. Board, it was never consistent with it, from the time of its passage. The court upheld it in Plessy v. Ferguson not because it was okay then and the 'living document' subsequently changed and it became not-okay, but because the court made a glaringly wrong decision in Plessy v. Ferguson.