Constitutional Law - Civil Rights - Discrimination in Housing - 42 U.S.C. Section 1982 Prohibits Discrimination in Private Subdivision Housing - Jones v. Alfred H. Mayer Company, 392 U.S. 409 (1968)
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Authors
Bausch, James M.
Issue Date
1969
Volume
2
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|Appellants, husband and wife, who attempted to purchase a house in a private subdivision constructed by appellee, were refused the opportunity to buy a house because the husband was a Negro. The United States District Court for the Eastern District of Missouri dismissed the complaint for failure to state a cause of action. The United States Court of Appeals for the Eighth Circuit affirmed, concluding that 42 U.S.C. section 1982 applies only to public discrimination and does not reach private refusals to sell. The Supreme Court of the United States granted certiorari to consider the scope and constitutionality of 42 U.S.C. section 1982. Held: 42 U.S.C. section 1982 bars all racial discrimination, both public and private, in the sale or rental of property, and, thus construed, the statute is a valid exercise of the power of the Congress of the United States to enforce the Thirteenth Amendment.|42 U.S.C. section 1982 provides that "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." In its original form, section 1982 was part of section 1 of the Civil Rights Act of 1866...
Description
Citation
2 Creighton L. Rev. 185 (1968-1969)
Publisher
Creighton University School of Law