Shelley v. Kraemer (1948)

Racially Segregated Cities

This practice, designed specifically to prevent African Americans from buying or leasing housing in segregated white areas, was a widespread practice in the United States at the time the Shelley case was fled. Cities across the nation remained racially segregated at least partly because of the existence and enforcement of the racial covenants. As far back as 1892, courts in the United States had been ruling on the issue of racially restrictive covenants in housing.

In 1926, in Corrigan v. Buckley, the U.S. Supreme Court declared racially restrictive covenants in property deeds to be legal and enforceable. Corrigan, like the situation in Shelley, involved homeowners entering into racially restrictive covenant agreements contained in the deeds to their properties that excluded African Americans from purchasing and/or occupying their homes. Irene Corrigan sold his home to an African American named Dr. Arthur Curtis. John J. Buckley fled an injunction against Corrigan asking the court to invalidate the sale in violation of the agreement. The injunction was granted by the court and ultimately upheld on appeal. This established racially restrictive covenants as legal in the United States in 1926. This remained the law, even with multiple challenges by civil rights lawyers, until 1948 and the Shelley case.

Racially Restrictive Covenants

In the Shelley lawsuit, brought by Fern and Louis Kraemer, the St. Louis State Circuit Court ruled in favor of J. D. Shelley and his family. The Marcus Avenue Improvement Association brought the suit in the name of the Kraemers and sought to enjoin the sale of the property. The Kraemers alleged that if the Shelley family were allowed to occupy the property, it would result in irreparable injury to the Kraemers’ property. Although the St.

Louis State Circuit Court ruled in favor of J. D. Shelley and his family, the court did not rule that the racially restrictive covenant was a violation of the U.S. Constitution or any other federal law. The court decided the case on other grounds in upholding the sale of property to Shelley.

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