Seeking to enforce the covenant provisions.
- 14th Amend. Protect Civil Rights protects from State Action
It cannot be doubted that among the civil rights intended to be
protected from discriminatory state action by the Fourteenth
Amendment are the rights to acquire, enjoy, own and dispose of
Equality in the enjoyment of property rights was regarded by the
framers of that Amendment as an essential pre-condition to the
realization of other basic civil rights and liberties which the
Amendment was intended to guarantee.
All citizens of the United States shall have the same right, in
every State and Territory, as is enjoyed by white citizens
thereof to inherit, purchase, lease, sell, hold, and convey real
and personal property
- Restrictive Covenant Agreement Spectrum
When does it not offend the 14th Amendment?
If judicial enforcement is not required, then it is merely a
voluntary adherence to a private agreement.
When does it VIOLATE the 14th Amendment?
Once the agreement is secured by judicial enforcement by state
The Constitution confers upon no individual the right to demand
action by the State which results in the denial of equal
protection of the laws to other individuals.
And it would appear beyond question that the power of the State
to create and enforce property interests must be exercised
within the boundaries defined by the Fourteenth Amendment.
Supreme Court of Missouri Reversed.
Supreme Court of Michigan Reversed