Private discrimination in housing is now prohibited by Title VIII of the Civil Rights Act of 1968, as well as by statutes in most States and by ordinances in many municipalities as well. Shelley v. Kraemer, abridged. Essentially, the Court found that racially-based restrictive covenants are not themselves unconstitutional — private parties may voluntarily adhere to them, but state enforcement of such covenants (including judicial enforcement) would be discriminatory and therefore violate the Equal Protection clause of the 14th Amendment. Despite the ruling of the Court, the widespread practice of racial covenants continued, although it was now legally unenforceable. The "Shelley v. Kraemer" U.S. Supreme Court decision is considered one of the most important rulings in the history of the country. By The Supreme Court of the United States of America. Racial restrictive covenants were common at one time in many American cities. By signing up for this email, you are agreeing to news, offers, and information from Encyclopaedia Britannica.Be on the lookout for your Britannica newsletter to get trusted stories delivered right to your inbox. A black family by the name of Shelley purchased a home in St. Louis, Missouri in 1945 without knowing that there was a racially restrictive covenant on the property. In the end, then, the Kraemers were not allowed to take the Shelleys' land away.
This 1948 case ended the practice of "restrictive real estate covenants" dictating where people could, and could not, live based on issues of race, color, creed, and national origin. The decision was an early victory for African Americans, who were struggling to protect their civil rights. Because the J. D. Shelley family decided to fight for the right to live in the home of their choosing, the United States Supreme Court addressed the issue of restrictive racial covenants in housing in the landmark 1948 case of Shelley v. Kraemer. January 15-16, 1948, Argued. Residents of the neighborhood sued to block the Shelley family from taking possession of the property. Vinson died from a heart attack on September 8, 1953.
Print PDF. Get kids back-to-school ready with Expedition: Learn! Other articles where Shelley v. Kraemer is discussed: Thurgood Marshall: …“restrictive covenants” in housing (Shelley v. Kraemer [1948]), and “separate but equal” facilities for African American professionals and graduate students in state universities (Sweatt v. Painter and McLaurin v. Oklahoma State Regents [both 1950]). The covenant had been in place since 1911 and barred “people of the Negro or Mongolian Race” from owning the property. The The Color of Law quotes below are all either spoken by Shelley v. Kraemer or refer to Shelley v. Kraemer. Shelley v. Kraemer was a rare exception to that tendency. May 3, 1948, Decided [The Supreme Court of the United States of America. 1948: Shelley v. Kraemer The Supreme Court found that while racially-based restrictive covenants are not themselves unconstitutional, enforcement of the covenants is: Private parties may voluntarily adhere to racially-based restrictive covenant Described here are the actions of the brave people who fought to bring this about. Many old deeds still contain these restrictions, though Shelley v. Kraemer made them unenforceable. For each quote, you can also see the other terms and themes related to it (each theme is indicated by its own dot and icon, like this one: ).
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