Shelley v. Kraemer

Shelley v. Kraemer, 334 U.S. 1, is an important civil rights case decided in 1948, with the majority opinion written by Chief Justice Fred M. Vinson.

Facts of the Case

\nThe facts: In 1945, a black family by the name of Shelley purchased a house in St. Louis, Missouri. At the time of purchase, they were not aware that a restrictive covenant had been in place on the property since 1911. The restrictive covenant barred blacks and Asians from owning the property. Neighbors sued to restrain the Shelleys from taking possession of the property they had purchased.

Legal Questions

\nThe Supreme Court of the United States considered two questions. (1) Are (race-based) restrictive covenants legal under the Fourteenth Amendment of the United States Constitution? (2) Can they be enforced by a court of law?

Decision of the Court

\nThe court held that restrictive covenants are legal because private agreements to exclude persons on the basis of race do not violate the Fourteenth Amendment (the Fourteenth Amendment "erects no shield against merely private conduct, however discriminatory or wrongful"). The Supreme Court held, however, that it is unconstitutional under the Fourteenth Amendment for the government to enforce such a restrictive covenant. The case against the covenants was argued by noted civil rights lawyer Charles Hamilton Houston.

External Link

• Shelley v. Kraemer decision, on FindLaw\nCategory:U.S. Supreme Court casesCategory:U.S. civil rights historyCategory:Equal protection cases