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Abstract
| Oral Argument: |
January 15-16, 1948
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| Decision: |
Monday, May 3, 1948 |
| Categories: |
discrimination, equal protection, housing, property, race, race discrimination, states |
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Advocates
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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
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.