Shelley v. Kraemer

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Shelley v. Kraemer  (1948) 
Syllabus
Shelley v. Kraemer, 334 U.S. 1 (1948), is a United States Supreme Court decision involving the enforceability of restrictive covenants which would prohibit a person from owning or occupying property on the basis of race. It is an important civil rights case.Excerpted from Shelley v. Kraemer on Wikipedia, the free encyclopedia.
Court Documents
Opinion of the Court

Supreme Court of the United States

334 U.S. 1

SHELLEY  v.  KRAEMER

Certiorari to the Supreme Court of Missouri

No. 72  Argued: January 15-16, 1948 --- Decided: May 3, 1948

Private agreements to exclude persons of designated race or color from the use or occupancy of real estate for residential purposes do not violate the Fourteenth Amendment; but it is violative of the equal protection clause of the Fourteenth Amendment for state courts to enforce them. Corrigan v. Buckley, 271 U.S. 323, distinguished. Pp. 8-23.

(a) Such private agreements, standing alone, do not violate any rights guaranteed by the Fourteenth Amendment. Pp. 12-13.

(b) The actions of state courts and judicial officers in their official capacities are actions of the states within the meaning of the Fourteenth Amendment. Pp. 14-18.

(c) In granting judicial enforcement of such private agreements in these cases, the states acted to deny petitioners the equal protection of the laws, contrary to the Fourteenth Amendment. Pp. 18-23.

(d) The fact that state courts stand ready to enforce restrictive covenants excluding white persons from the ownership or occupancy of property covered by them does not prevent the enforcement of covenants excluding colored persons from constituting a denial of equal protection of the laws, since the rights created by § 1 of the Fourteenth Amendment are guaranteed to the individual. Pp. 21-22. [p2]

(e) Denial of access to the courts to enforce such restrictive covenants does not deny equal protection of the laws to the parties to such agreements. P. 22.

No. 72. The Supreme Court of Missouri reversed a judgment of a state trial court denying enforcement of a private agreement restricting the use or occupancy of certain real estate to persons of the Caucasian race. 355 Mo. 814,198 S.W.2d 679. This Court granted certiorari. 331 U.S. 803. Reversed, p. 23.

No. 87. The Supreme Court of Michigan affirmed a judgment of a state trial court enjoining violation of a private agreement restricting the use or occupancy of certain real estate to persons of the Caucasian race. 316 Mich. 614, 25 N.W.2d 638. This Court granted certiorari. 331 U.S. 804. Reversed, p. 23. [p4]