Louisiana’s Board of Pardons unanimously recommended a posthumous pardon on Friday for the man behind the U.S. Supreme Court case affirming “separate but equal” in the state’s segregation laws, according to the Associated Press.   

Homer Plessy was arrested in 1892 after refusing to leave a whites-only train in New Orleans. According to AP, he was part of a civil rights group whose aim was to challenge Louisiana law that made segregated seating legal.   

In 1896, the Supreme Court ruled in Plessy v. Ferguson that the state’s racial segregation laws weren’t unconstitutional as long as both establishments were equal in quality.   

Plessy died in 1925 with the conviction still on his record, per reports.   

According to Board Chair Sheryl Ranatza, under the 2006 Avery C. Alexander Act, the board must recommend pardons for people convicted under the racial segregation laws, NOLA.com reported.   

The pardon recommendation will go to Gov. John Bel Edwards, who decides if it will be approved or rejected.  

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