The Civil Rights Cases

1883

Venue: SCOTUS

Facts: Some various denials of access: getting accomodations in hotels, going to theaters, going to the opera, or riding on the train.

Posture: Unknown.

Issue: Can congress enact something like the Civil Rights Law, that penalizes denials of access to privately owned and operated facilities? Can the act of a business owner-operator by refusing accomodation be regarded as imposing a badge of slavery?

Holding: No.

Rule: 14A prohibits state action. 13A prohibits slavery, not stuff like this.

Reasoning: Look at the text of 14A: it talks about state actions, not individual actions. As for 13A, the badges of slavery are things like involunary servitude or incapacity to make contracts.

Mere discrimination is not a badge of slavery.


Dicta: Harlan (dissenting): The substance and spirit of these amendments is has been sacrificed by subtle and ingenious verbal criticism.