Shelley et ux. v. Kraemer et ux.

334 U.S. 1 (1948) · Supreme Court of the United States · May 3, 1948 · No. No. 72

Summary

The Supreme Court held that state-court enforcement of racially restrictive private housing covenants constitutes state action under the Fourteenth Amendment. Such enforcement denies equal protection by preventing purchasers from acquiring or occupying property based on race or color. The Court reversed the judgments enforcing the covenants in the Missouri and Michigan cases.

Holdings

  1. Private restrictive agreements standing alone are not state action and cannot, without state participation, be regarded as violations of rights guaranteed by the Fourteenth Amendment.
  2. State-court enforcement of private racially restrictive covenants constitutes state action under the Fourteenth Amendment.
  3. State-court enforcement of racially restrictive covenants denies the purchasers equal protection of the laws and the resulting judgments cannot stand.

Questions Presented

  1. Whether enforcement by state courts of private racially restrictive housing covenants constitutes state action within the meaning of the Fourteenth Amendment.
  2. Whether state-court enforcement of such covenants denies the affected purchasers equal protection of the laws.
  3. Whether the private restrictive agreements, standing alone and without state enforcement, violate rights protected by the Fourteenth Amendment.

Disposition

reversed

Cases Cited (24)

  • Corrigan v. Buckley, 271 U.S. 323 (1926)(distinguished)
  • Hansberry v. Lee, 311 U.S. 32 (1940)(distinguished)
  • Civil Rights Cases, 109 U.S. 3 (1883)(followed)
  • Buchanan v. Warley, 245 U.S. 60 (1917)(followed)
  • Harmon v. Tyler, 273 U.S. 668 (1927)(followed)
  • Richmond v. Deans, 281 U.S. 704 (1930)(followed)
  • Virginia v. Rives, 100 U.S. 313, 318 (1880)(followed)
  • Ex parte Virginia, 100 U.S. 339, 347 (1880)(followed)
  • Twining v. New Jersey, 211 U.S. 78, 90-91 (1908)(followed)
  • Brinkerhoff-Faris Trust & Savings Co. v. Hill, 281 U.S. 673, 680 (1930)(followed)

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