The Restrictive Covenant Cases And The Making Of The Civil Rights Movement

In the mid-20th century, a series of restrictive covenant cases played a significant role in shaping the Civil Rights Movement in the United States. These cases exposed the inherent inequalities and deep-rooted racism prevalent in American society at the time. They became catalysts for change, setting the stage for the fight against racial segregation and discrimination.

Restrictive covenants were contractual agreements, often found in property deeds, that restricted the sale or rental of properties to individuals based on their race or ethnicity. These agreements were predominantly employed to enforce racial segregation and maintain white dominance in certain neighborhoods.

The first landmark case that challenged restrictive covenants was Shelley v. Kraemer in 1948. In this case, an African American family, the Shelleys, purchased a home in a neighborhood that had a restrictive covenant prohibiting the sale of the property to non-white individuals. The Supreme Court ruled that enforcing such restrictions would amount to state action supporting racial discrimination, violating the Equal Protection Clause of the Fourteenth Amendment. It was a pivotal decision that set a legal precedent against restrictive covenants.

Unjust Deeds: The Restrictive Covenant Cases and the Making of the Civil Rights Movement (Justice, Power, and Politics)

by Jeffrey D. Gonda(Kindle Edition)

5 out of 5

Language	:	English
File size	:	3753 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	308 pages

FREE

Following Shelley v. Kraemer, several other cases further weakened the enforceability of restrictive covenants. The Supreme Court struck down discriminatory housing practices in cases such as Barrows v. Jackson (1953) and Buchanan v. Warley (1917). These rulings helped dismantle the legal framework of racial segregation that had long perpetuated inequality in housing.

However, despite these legal victories, the fight against restrictive covenants faced significant challenges. Many homeowners' associations and private individuals continued to enforce these discriminatory agreements, leading to widespread housing segregation even in the absence of legal support. African American families, in particular, faced immense difficulties in finding decent housing options due to these unwritten discriminatory practices.

The restrictive covenant cases laid the foundation for the Civil Rights Movement by exposing the systemic racism deeply embedded in American society. They shed light on the need for comprehensive legislation to tackle housing discrimination and segregation. One such pivotal legislation was the Fair Housing Act of 1968, which prohibited discrimination in housing based on race, color, religion, sex, or national origin.

The civil rights activists and organizations that fought against restrictive covenants played a crucial role in raising awareness about the injustices faced by minority communities. They mobilized communities, organized protests, and launched campaigns to address the discriminatory practices prevalent in housing. These efforts became instrumental in shaping the broader Civil Rights Movement.

Furthermore, the restrictive covenant cases sparked a national conversation about racial inequality. They revealed the stark reality that despite legal advances, racial discrimination continued to persist in various aspects of daily life. This realization prompted a wave of activism and advocacy that extended beyond housing rights and contributed to the advancement of civil rights in education, employment, and other areas.

The restrictive covenant cases and the resulting fight against housing discrimination played a crucial role in the larger struggle for civil rights. They highlighted the need for systemic change and inspired generations of activists to continue the fight for equality. Despite the challenges faced along the way, these cases set the stage for the monumental achievements of the Civil Rights Movement, which forever changed the course of American history.

Unjust Deeds: The Restrictive Covenant Cases and the Making of the Civil Rights Movement (Justice, Power, and Politics)

by Jeffrey D. Gonda(Kindle Edition)

5 out of 5

Language	:	English
File size	:	3753 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	308 pages

FREE

In 1945, six African American families from St. Louis, Detroit, and Washington, D.C., began a desperate fight to keep their homes. Each of them had purchased a property that prohibited the occupancy of African Americans and other minority groups through the use of legal instruments called racial restrictive covenants--one of the most pervasive tools of residential segregation in the aftermath of World War II. Over the next three years, local activists and lawyers at the NAACP fought through the nation's courts to end the enforcement of these discriminatory contracts.

Unjust Deeds explores the origins and complex legacies of their dramatic campaign, culminating in a landmark Supreme Court victory in Shelley v. Kraemer (1948). Restoring this story to its proper place in the history of the black freedom struggle, Jeffrey D. Gonda's groundbreaking study provides a critical vantage point to the simultaneously personal, local, and national dimensions of legal activism in the twentieth century and offers a new understanding of the evolving legal fight against Jim Crow in neighborhoods and courtrooms across America.