Most people think Jim Crow was a Southern thing. They picture dusty roads, segregated water fountains, and “Whites Only” signs in Alabama or Mississippi. Here’s the part that surprises almost everyone: Jim Crow actually started in Massachusetts. Seriously.
This article breaks down the full history of racial segregation laws in Massachusetts. You’ll learn where these laws came from, how they were fought, and what protections exist in the state today.
What Were Jim Crow Laws?
Jim Crow laws were rules that forced Black and white people to live and move through the world separately. They were state and local statutes that legalized racial segregation, and they existed for about 100 years, from the post-Civil War era until 1966.
The laws covered almost everything. Segregated waiting rooms in bus and train stations were required, as well as water fountains, restrooms, building entrances, elevators, cemeteries, and even cashier windows at amusement parks.
But wait. Before all of that happened in the South, it started right here in New England.
The Surprising Origin of the Term “Jim Crow”
Here’s where it gets interesting. The term “Jim Crow Law” was first used in 1841 in reference to a Massachusetts law that required the railways to provide a separate car for Black passengers.
Think about that. The phrase “Jim Crow” — the very name we now use for Southern racial terror laws — was born in Massachusetts. Not Georgia. Not Louisiana. Massachusetts.
Jim Crow cars segregating Black and white passengers actually existed much earlier in the North. Along the Eastern Rail Road, which ran from Boston to Salem, Massachusetts, beginning in 1838, separate cars were in use more than 20 years before the Civil War.
I looked this up recently. The timeline surprised me. It might surprise you too.
Early Racial Laws in Massachusetts
The Colonial-Era Marriage Ban
It goes back further than the railroads. In 1705, the Massachusetts Colonial Legislature enacted a law that prohibited marriage between Black or mixed-race people and whites.
In 1786, the ban on one part of that law was removed, but the ban on mixed marriages was expanded to include Native Americans. These laws stayed on the books for decades.
Pretty straightforward discrimination, written right into the law.
Punishment for Just Being There
Massachusetts in 1788 prescribed flogging for non-resident Black people who stayed in the state more than two months.
Read that again. You could be physically punished simply for existing in the state too long. This wasn’t the South. This was Massachusetts.
Segregated Schools: The Story of Sarah Roberts
Okay, this one is important. Stay with me here.
This is probably the most consequential chapter of Massachusetts racial history. And most people have never heard of it.
A Five-Year-Old’s Walk Past Five White Schools
In 1848, Benjamin Roberts filed a lawsuit to desegregate the Boston school system so his five-year-old daughter, Sarah, could attend a good school close to home.
She had to walk past white schools to attend the poorly funded Abiel Smith School, which had become a segregated school composed of Black children from across the city.
Benjamin Roberts hired Robert Morris, the first Black attorney in Massachusetts, who teamed up with abolitionist Charles Sumner. The pair argued the case before the Massachusetts Supreme Court on November 1, 1849.
Sumner made a powerful argument. He pointed out that the Massachusetts constitution said all people were equal before the law. The court ruled against Sarah Roberts anyway.
The Ruling That Made Things Worse Everywhere
Here is where things get serious. That ruling didn’t just hurt Boston. It hurt the entire country.
Roberts v. Boston was later cited by the U.S. Supreme Court in Plessy v. Ferguson, which established the “separate but equal” standard. That standard became the legal foundation for decades of Southern Jim Crow laws.
A ruling from Boston’s courts helped lock in segregation nationwide. Most people don’t realize how strict these consequences were, or how far they reached.
The Victory That Followed
But the story doesn’t end there. Black parents in Boston refused to accept defeat. They organized a school boycott and statewide protests.
Benjamin Roberts continued his campaign against segregated schools, and six years later, in 1855, the Massachusetts legislature became the first in the nation to ban racially segregated schools.
The legislature outlawed school segregation on the basis of “race, color, or religion,” making Boston the first city in the nation to desegregate its public schools.
That is genuinely remarkable. Massachusetts passed the first school desegregation law in American history — nearly 100 years before the Supreme Court’s Brown v. Board of Education decision in 1954.
Segregated Railroads: Where Frederick Douglass Got Thrown Off a Train
Wondering if this actually affected famous people? It absolutely did.
Frederick Douglass was removed from a train bound for Salem, Massachusetts, in 1841. One of the most important civil rights voices in American history was physically thrown off a Massachusetts train.
Among the eight passenger railways operating in Massachusetts in 1840, only three chose the custom of separate cars. But the pressure to resist was strong. Abolitionists deliberately challenged these practices.
Under pressure from Massachusetts legislators, the three railways succumbed by the end of 1843, and the Jim Crow cars were gone from the state’s railways.
Railroad segregation in Massachusetts ended in 1843. That’s actually a win worth noting.
The Myth of the “Good North”
Honestly, this is the part most people miss. There’s a popular idea that racism was a Southern problem. Massachusetts and other Northern states were supposedly the good guys. The history says otherwise.
A common belief about Northern segregation is that it wasn’t written into law but was merely de facto — the product of individuals’ racism, personal choices about where to live, and financial disparities. Many journalists and historians reinforced this belief.
But that wasn’t really true. Civil rights struggles in the rest of the nation have often been overlooked.
Personally, I think understanding this honestly makes the civil rights victories even more meaningful. Progress was won everywhere, by real people fighting real laws.
How De Facto Segregation Continued
Even after legal segregation ended in Massachusetts, the effects didn’t disappear. Laws changed. Reality changed more slowly.
The schools of the city of Boston gradually resegregated between the mid-1930s and early 1970s. The reasons center on the city becoming far more racially segregated by neighborhood, due to redlining, discriminatory homeowners insurance practices, and the construction of public housing allocated by race.
This led to the Boston busing crisis of 1974, when a federal court ordered schools to integrate through a busing plan. The plan was met by violent resistance, especially from white residents in South Boston.
Less severe than outright legal segregation, but still a real part of the story.
Massachusetts Anti-Discrimination Laws Today
So what does the law look like now? Good question.
Massachusetts today has some of the strongest civil rights protections in the country. Things have changed a lot.
The MCAD: Your Main Enforcement Agency
The Massachusetts Commission Against Discrimination (MCAD) is the independent state agency that enforces Massachusetts anti-discrimination laws by investigating complaints of discrimination in employment, housing, public accommodations, and other aspects of everyday life.
The MCAD was founded in 1946 and enforces the Massachusetts anti-discrimination laws through the investigation of complaints, prosecution of cases, and preventative training.
Think of it like a watchdog agency. Its whole job is to take discrimination complaints seriously and enforce the law.
What’s Protected Under Massachusetts Law
Massachusetts civil rights laws prohibit discrimination based on race, color, national origin, sex, gender identity, sexual orientation, religion, age, pregnancy, marital status, receipt of public assistance, disability, and veteran status.
Anyone who lives in, works in, or visits Massachusetts may file a complaint if they believe they were treated differently or unfairly based on their membership in a protected class.
So simple. You don’t have to be a resident. You just have to have experienced discrimination here.
Where These Protections Apply
The protections cover a wide range of situations. It is illegal to discriminate against prospective or current employees on the basis of their membership in a protected class. Workplace harassment based on membership in a protected class is also prohibited.
It is also illegal for landlords, realtors, real estate agencies, property managers, and public housing authorities to discriminate against applicants, tenants, or potential buyers based on protected class status.
It is illegal to deny or restrict access to places of public accommodation, including airports, amusement parks, bars, hospitals, hotels, libraries, museums, restaurants, restrooms, pools, and theaters.
That is basically everywhere you go in daily life.
How to File a Discrimination Complaint in Massachusetts
You’re not alone if you’ve experienced discrimination. Many people don’t know they have real options. Here’s what to do.
If you have experienced employment or education discrimination in Massachusetts, the first step is to file a complaint with the Massachusetts Commission Against Discrimination (MCAD).
You must file a complaint with the MCAD within 300 days of the discriminatory act. This is a short window, so it is important that you act quickly.
Don’t wait. That 300-day clock starts on the day discrimination happens.
Victims of employment discrimination who prevail at a public hearing before the MCAD can recover economic loss, emotional distress damages, out-of-pocket expenses, and reasonable attorneys’ fees.
You can reach the MCAD at:
- Boston: (617) 994-6000
- Springfield: (413) 739-2145
- Worcester: (508) 453-9630
- Online: mass.gov/orgs/massachusetts-commission-against-discrimination
Frequently Asked Questions
Did Massachusetts actually have Jim Crow laws? Yes. Massachusetts had racial segregation laws going back to 1705, including bans on interracial marriage, segregated railroads, and segregated public schools. The very term “Jim Crow Law” comes from a Massachusetts railroad policy in 1841.
When did Massachusetts desegregate its schools? In 1855, Massachusetts became the first state in the nation to ban segregated public schools by law. This happened nearly 100 years before the U.S. Supreme Court’s Brown v. Board of Education decision in 1954.
What is the Roberts v. City of Boston case? It was an 1849 lawsuit filed by Benjamin Roberts on behalf of his five-year-old daughter, Sarah, who was forced to attend an inferior segregated school. Though they lost in court, their fight led directly to the 1855 school desegregation law. Ironically, the ruling was later used to justify Southern segregation.
Can I still file a discrimination complaint in Massachusetts today? Yes. You can file a complaint with the Massachusetts Commission Against Discrimination (MCAD) within 300 days of the discriminatory act. Complaints can cover employment, housing, education, and public places.
What is the MCAD? The Massachusetts Commission Against Discrimination is the state agency that investigates and enforces civil rights and anti-discrimination laws. It was founded in 1946 and handles complaints involving race, gender, disability, and many other protected categories.
Were there any civil rights victories in Massachusetts before the Civil War? Yes. Activists successfully ended segregated railroad cars by 1843 and won the first statewide school desegregation law in 1855. These victories came through petitions, boycotts, lawsuits, and legislative pressure by Black and white abolitionists working together.
Final Thoughts
Massachusetts has a complicated history. It was home to some of America’s earliest and harshest racial segregation laws. It was also home to some of the most determined civil rights fighters in American history.
The story of Sarah Roberts walking past five white schools to reach an underfunded segregated one is not ancient or distant history. It shaped American law for over a century. And the people who fought back against it won real, lasting victories.
Now you know the full picture. Understanding where we came from helps make sense of where we still need to go. Stay informed, know your rights, and if you face discrimination in Massachusetts today, you have real legal options and real people whose job it is to help you.
References
- Massachusetts Commission Against Discrimination (MCAD) — mass.gov/orgs/massachusetts-commission-against-discrimination
- Overview of Anti-Discrimination Laws Enforced by the MCAD — mass.gov/info-details/overview-of-types-of-discrimination-in-massachusetts
- The Sarah Roberts Case, U.S. National Park Service — nps.gov/articles/the-sarah-roberts-case.htm
- Roberts v. City of Boston, Wikipedia — en.wikipedia.org/wiki/Roberts_v._City_of_Boston
- Benjamin Roberts Integrates Massachusetts Schools in 1855, New England Historical Society — newenglandhistoricalsociety.com
- Massachusetts Slavery & Segregation, Primary Research — primaryresearch.org/massachusetts-slavery-segregation
- How Did Jim Crow Laws Start? TIME Magazine — time.com/5527029/jim-crow-plessy-history
- Massachusetts Anti-Discrimination Guide, Office of the Attorney General — mass.gov/doc/anti-discrimination-guide-english/download
