Shelley v. Kraemer

1948

Court: US Supreme Court

Facts: There's a MO community that says houses shall only be sold to Caucasians, and that anyone who violates this covenant will lose their property.

Posture: Unknown.

Issue: Does the fact that these are private covenants exempt them from 14A protections?

Holding: Yes. On the other hand, courts won't enforce them.

Rule: You can be a racist in private, but don't ask the government to uphold your policies.

Reasoning: Basically just a statement of policy: the government will not be the instrument of enforcement for discriminatory rules.

Dicta: