ers does not deny equal protection.[1149] Heavier
penalties may be imposed upon habitual criminals for like
offenses,[1150] even after a pardon for an earlier offense,[1151] and
such persons may be made ineligible for parole.[1152] A State law
doubling the sentence on prisoners attempting to escape does not deny
equal protection in subjecting prisoners who attempt to escape together
to different sentences depending on their original sentences.[1153]
Infliction of the death penalty for assaults with intent to kill by life
term convicts is not unconstitutional because not applicable to convicts
serving lesser terms.[1154] The Fourteenth Amendment does not preclude
the commitment of persons who, by an habitual course of misconduct, have
evidenced utter lack of power to control sexual impulses, and are likely
to inflict injury.[1155] A statute prohibiting a white person and a
Negro from living together in adultery or fornication is not invalid
because it prescribes penalties more severe than those to which the
parties would be subject were they both of the same race.[1156] The
equal protection clause does not prevent the execution of a prisoner
after the accidental failure of the first attempt.[1157] It does,
however, render invalid a statute requiring sterilization of persons
convicted of various offenses, including larceny by fraud, but exempting
embezzlers.[1158]

Segregation

Laws designed to segregate persons of different races in the location of
their homes, in the public schools and on public conveyances have been a
prolific source of litigation under the equal protection clause. An
ordinance intended to segregate the homes of white and colored races is
invalid.[1159] Private covenants forbidding the transfer of real
property to persons of a certain race or color have been held
lawful,[1160] but the enforcement of such agreements by a State through
its courts would constitute a denial of equal protection of the
laws.[1161] A statute providing for separate but equal accommodations on
railroads for white and colored persons has been held not to deny equal
protection of the law,[1162] but a separate coach law which permits
carriers to provide sleeping and dining cars only for white persons, is
invalid notwithstanding recognition by the legislature that there would
be little demand for them by colored persons.[1163] Fifty years ago the
action of a local board of education in suspending temporarily for
economic reason