Shelley v. Kraemer
Template:Wikify-date Shelley v. Kraemer, 334 U.S. 1 (1948) was an important United States Supreme Court civil rights case. The opinion of the Court was written by Chief Justice Fred M. Vinson. There were no dissents, although for various reasons three associate justices did not participate in consideration of the case.
Facts of the case
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. The Supreme Court of Missouri held that the covenant was enforceable against the purchasers because the covenant was a purely private agreement between the original parties thereto, which "ran with the land" and was enforceable against subsequent owners.
Legal questions
The Court 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
The Missouri 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. In other words, judicial action is state action.