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— Narrator In 1945 theKraemers put their home in St Louis Missouri up for sale The home attracted many prospective buyers including JD and Ethel Shelley an African-American couple All the Shelley's wanted was to buy a home, but instead they became part of a legal battle that would determine the fate of many American neighborhoods The Shelley's made an offer on the home and the Kramer accepted Unbeknownst to the Shelley's however a restrictive covenant was in place that barred the lease or sale of homes in the neighborhood to anyone Of the Afro-American or Mongolian Race The Marcus Avenue Improvement Association a local home-owners association brought suit in the Circuit Court of the city of St Louis seeking to enforce the covenant They asked the court to enjoin the Shelley's from taking possession of the property and to divest them of ownership The Trial Court ruled that the covenant was unenforceable In an en band decision supreme Court of Missouri reversed ruling that the covenant didn't deprive the Shelley any rights guaranteed by the Equal Protection clause of the 14th Amendment The court directed the circuit court to enforce the covenant and to divest the Shelley's who had already moved into the house of ownership The United States SupremeCourt granted cert At the time the court heard oral argument racially restrictive covenant shad become so widespread that three justices were forced to recuse themselves because they had discovered their own properties were subject to the same type of covenant at issue in this case The issue before the court was whether the Constitution prohibits the judicial enforcement of racially restrictive land-use covenants that are entered into by private parties In a unanimous decision authored by Chief Justice Vinson the court held that the enforcement of racially restrictive covenants by a state institution violates the Equal ProtectionClause of the 14th Amendment The attorney for the Shellacs Thurgood Marshall the future United StatesSupreme Court justice He argued that the judicial enforcement of racially restrictive land-use covenants denied the Shelleysthree rights guaranteed under the 14th Amendment Equal protection of the law due process before depriving them of property and the privileges immunities guaranteed to all citizens of the United States From the outset the court noted that the 14th Amendment applies only to state action Thus a restrictive covenant entered into by private parties no matter how vile couldn't by itself violate the 14th Amendment The court reasoned however that extensive authority existed supporting the proposition that judicial enforcement of a private agreement constitutes state action for purposes of the 14th Amendment As a result the court determined that enforcing the racially restrictive covenant by the state courts constituted state action in the full and complete sense of the phrase Without judicial assistance the restrictive covenant could have been willingly observed by...
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