Shelley v. Kraemer

1948

Venue: SCOTUS

Facts: Restrictive covenants about housing govern the race of who can occupy it.

Posture: Unknown.

Issue: Given that these aren't laws, but rather property covenants, does that remove them from the ambit of 14A prohibitions?

Holding: Technically yes.

Rule: Standing alone, the covenants aren't a violation of any 14A rights. However, judicial enforcement of them would be.

Reasoning: It's pretty clear that this system can't be perpetuated without state support. But to do so would be to deny petitioners their equal protection.

14A erects no shield against merely private conduct, however discriminatory. You can be a racist in private, essentially, but don't ask the state to help you out.


Dicta: