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Keywords

discriminationrespondent

statutewilldiscrimination

Related Cases

Reitman v. Mulkey, 387 U.S. 369, 87 S.Ct. 1627, 18 L.Ed.2d 830

Facts

The case arose from two actions in California courts where individuals alleged racial discrimination in housing. The California Supreme Court had to determine the constitutionality of Article I, Section 26 of the California Constitution, which was adopted as Proposition 14 in 1964. This provision prohibited the state from denying any person the right to refuse to sell or rent property based on their discretion, effectively nullifying previous anti-discrimination laws. The court found that this provision encouraged racial discrimination and involved the state in such actions.

The facts of this case are simple and undisputed. The legislature of the State of California has in the last decade enacted a number of statutes restricting the right of private landowners to discriminate on the basis of such factors as race in the sale or rental of property.

Issue

Whether Article I, Section 26 of the California Constitution denies 'to any person * * * the equal protection of the laws' within the meaning of the Fourteenth Amendment.

The question here is whether Art. I, s 26, of the California Constitution denies ‘to any person * * * the equal protection of the laws' within the meaning of the Fourteenth Amendment of the Constitution of the United States.

Rule

The court applied the principle that significant state involvement in private discrimination can amount to unconstitutional state action under the Fourteenth Amendment.

The court deemed it necessary to determine whether Proposition 14 invalidly involved the State in racial discriminations in the housing market.

Analysis

The court analyzed the intent and effect of Section 26, concluding that it was designed to authorize private racial discrimination in housing. The California Supreme Court's findings indicated that the provision would significantly involve the state in private discrimination, which was contrary to the Fourteenth Amendment. The court emphasized that the provision did not merely repeal existing laws but actively encouraged discrimination, thus constituting state action.

The court assessed the ultimate impact of s 26 in the California environment and concluded that the section would encourage and significantly involve the State in private racial discrimination contrary to the Fourteenth Amendment.

Conclusion

The Supreme Court affirmed the California Supreme Court's judgment, holding that Section 26 unconstitutionally involved the state in racial discrimination and was therefore invalid under the Fourteenth Amendment.

We affirm the judgments of the California Supreme Court.

Who won?

The respondents (Mulkeys) prevailed because the court found that the California constitutional provision violated the Equal Protection Clause by allowing private racial discrimination.

The California Supreme Court believes that the section will significantly encourage and involve the State in private discriminations.

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