The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

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

Advocates

Not available

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.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 6 - 0
Voted with the majority, authored an opinion
Vinson
Voted with the majority, joined Vinson's opinion
Black
Did not participate
Reed
Voted with the majority, joined Vinson's opinion
Frankfurter
Voted with the majority, joined Vinson's opinion
Douglas
Voted with the majority, joined Vinson's opinion
Murphy
Did not participate
Jackson
Did not participate
Rutledge
Voted with the majority, joined Vinson's opinion
Burton

Cite this page

The Oyez Project, Shelley v. Kraemer, 334 U.S. 1 (1948),
available at: <http://www.oyez.org/cases/1940-1949/1947/1947_72/>
(last visited ).