Center for Teaching the Rule of Law

May 3, 1948 – The U.S. Supreme Court rules in Shelley v. Kraemer that covenants prohibiting the sale of real estate to blacks and other minorities are legally unenforceable.

5/3/2021

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The case arose after an African-American family purchased a house in St. Louis that was subject to a restrictive covenant preventing "people of the Negro or Mongolian Race" from occupying the property. The purchase was challenged in court by a neighboring resident, and was blocked by the Supreme Court of Missouri before going to the U.S. Supreme Court on appeal.  The Supreme Court of Missouri held that the covenant was enforceable against the purchasers because the covenant was a purely private agreement between its original parties.  A materially similar scenario occurred in the companion case McGhee v. Sipes from Detroit, Michigan, where the McGhees purchased land that was subject to a similar restrictive covenant. In that case, the Supreme Court of Michigan also held the covenants enforceable.

Three justices—Robert H. Jackson, Stanley Reed and Wiley B. Rutledge—recused themselves from the case because they owned property subject to restrictive covenants. In a majority opinion that was joined by the other five participating justices, U.S. Supreme Court Chief Justice Fred Vinson struck down the covenant, holding that the Fourteenth Amendment's Equal Protection Clause prohibits racially restrictive housing covenants from being enforced. Vinson held that private parties could abide by the terms of a racially restrictive covenant, but that judicial enforcement of the covenant qualified as a state action and was thus prohibited by the Equal Protection Clause.

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