In the early 1900s, "restrictive covenants," more specifically racially restrictive covenants, were legally enforceable agreements that prohibited landowners from renting or selling property to groups minorities, at that time namely African Americans. The practice of covenants, private, racially restrictive covenants, originated as a reaction to a 1917 court ruling “declaring municipally imposed racial zoning unconstitutional. . . leaving the door open for private agreements, such as restrictive covenants, to continue to perpetuate residential segregation” (Boston, n.d.). It was more of a symbolic act than an attack on the “discriminatory nature” (Schaefer, 2012, p. 184) of restrictive covenants when the Supreme Court found, in the 1948 case Shelley v Kraemer, that racially restrictive covenants they were unconstitutional. In this particular case, a white couple, the Kraemers, lived in a Missouri neighborhood governed by a restrictive covenant. When a black couple moved into their neighborhood, the Kraemers went to court demanding that the covenant be enforced. In a unanimous decision, it was decided, “state courts cannot constitutionally prevent the sale of real property to blacks even if such property is covered by a racially restrictive covenant. By themselves, racially restrictive conventions do not violate any rights. However, their enforcement by state court injunctions constitutes state action in violation of the 14th Amendment” (Shelley v. Kraemer, 1948). Although the Supreme Court ruled that the covenants were unenforceable, it was not until 1968, when the Fair Housing Act was passed, that it became illegal (Latshaw, 2010). Even though it is illegal today, it might seem that we still have an unspoken…… middle of paper……, n.d.). Works Cited Alton, G. (n.d.). Religion and black history. Retrieved from: http://www.ehow.com/about_5312384_religion-black-history.html#ixzz2x1RaW3l1Hutcheson, R. (1999, July 14). Bush's act included a “whites only” clause. Washington Bureau investigator. Retrieved from http://articles.philly.com/1999-07-14/news/25524639_1_racially-restrictive-covenants-deed-white-houseLatshaw, G. (2010, August 3). Racism overshadows property agreements. USA Today. Retrieved from http://usatoday30.usatoday.com/news/nation/2010-08-03-racistcovenants03_ST_N.htmlSchaefer, R. (Ed.). (2012). Racial and ethnic groups. (13th ed.). Upper Saddle River, NJ: Pearson Education.SHELLEY v. KRAEMER. The Oyez Project at IIT Chicago-Kent College of Law. March 23, 2014. . www. bostonfairhousing.org/timeline/1920s1948-Restrictive-Covenants.html
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