SHELLEY v. KRAEMER
Term:
- 1940-1949
Location:
Shelley and Kraemer's Neighborhood
Facts of the Case
The Kraemers were a white couple who owned a residence in a Missouri neighborhood governed by a restrictive covenant. This was a private agreement that prevented blacks from owning property in the Kraemers' subdivision. The Shelleys were a black couple who moved into the Kraemers neighborhood. The Kraemers went to court to enforce the restrictive covenant against the Shelleys.
Question
Does the enforcement of a racially restrictive covenant violate the Equal Protection Clause of the 14th Amendment?
Conclusion
Decision: 6 votes for Shelley, 0 vote(s) against
Legal provision: US Const Amend 14
Legal provision: US Const Amend 14
State courts could not constitutionally prevent the sale of real property to blacks even if that property is covered by a racially restrictive covenant. Standing alone, racially restrictive covenants violate no rights. However, their enforcement by state court injunctions constitute state action in violation of the 14th Amendment.
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Cite this Page
SHELLEY v. KRAEMER. The Oyez Project at IIT Chicago-Kent College of Law. 11 February 2012. <http://www.oyez.org/cases/1940-1949/1947/1947_72>.
SHELLEY v. KRAEMER, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1940-1949/1947/1947_72 (last visited February 11, 2012).
"SHELLEY v. KRAEMER," The Oyez Project at IIT Chicago-Kent College of Law, accessed February 11, 2012, http://www.oyez.org/cases/1940-1949/1947/1947_72.