shelley kraemer argued decided may shelley kraemer george vaughn herman willer louis petitioners shelley thurgood marshall new york city loren miller petitioners mcghee gerald seegers louis respondents kraemer henry gilligan james crooks washington respondents sipes others philip perlman sol washington amicus curiae special leave cheif justice vinson delivered opinion cases present consideration questions relating validity enforcement private agreements generally described restrictive covenants purpose exclusion persons designated race color basic constitutional issues obvious importance raised first cases comes certiorari missouri february thirty total owners property fronting sides labadie avenue taylor avenue cora avenue city louis signed agreement subsequently recorded providing part said property hereby restricted use occupancy term fifty years date shall condition time whether recited referred sic subsequent conveyances shall attach land condition precedent sale hereafter part said property portion thereof shall said term occupied person caucasian race intended hereby restrict use said property said period time occupancy owners tenants portion said property resident purpose people negro mongolian race entire district described agreement included parcels lamd thirty owners signed agreement held title parcels including particular parcel involved case time agreement signed five parcels district owned negroes one occupied negro families since nearly thirty years restrictive agreement executed trial found owners seven nine homes south side labadie avenue within restrit ed district immediate vicinity premises question failed sign restrictive agreement time action brought four premises occupied negroes occupied periods ranging years fifth parcel occupied negroes year suit instituted august pursuant contract sale petitioners shelley negroes valuable consideration received one fitzgerald warranty deed parcel question trial found petitioners actual knowledge restrictive agreement time purchase october respondents owners property subject terms restrictive covenant brought suit circuit city louis prarying petitioners shelley restrained taking possession property judgment entered divesting title petitioners shelley revesting title immediate grantor person direct trial denied requested relief ground restrictive agreement upon respondents based action never become final complete intention parties agreement become effective signed property owners district signatures owners never obtained missouri sitting en banc reversed directed trial grant relief respondents prayed held agreement effective concluded enforcement provisions violated rights guaranteed petitioners federal constitution time rendered decision petitioners occupying property question second cases consideration comes michigan circumstances presented differ materially missouri case june one ferguson wife owned property located city detroit involved case executed contract providing part property shall used occupied person persons except caucasian race agreed restriction shall effective unless least eighty percent property fronting sides street block land located subjected similar restriction agreement provided restrictions remain effect january contract subsequently recorded similar agreements executed respect eighty percent lots block property question situated deed dated november petitioners found trial negroes acquired title property thereupon entered occupancy january respondents owners property subject terms restrictive agreement brought suit petitioners circuit wayne county hearing entered decree directing petitioners move property within ninety days petitioners enjoined restrained using occupying premises future appeal michigan affirmed deciding adversely petitioners contentions denied rights protected fourteenth amendment petitioners placed primary reliance contentions first raised state courts judicial enforcement restrictive agreements cases violated rights guaranteed petitioners fourteenth amendment federal constitution acts congress passed pursuant amendment cifically petitioners urge denied equal protection laws deprived property without due process law denied privileges immunities citizens pass consideration issues whether equal protection clause fourteenth amendment inhibits judicial enforcement state courts restrictive covenants based race color question heretofore called upon consider two cases decided way involved enforcement agreements first case corrigan buckley suit brought courts district columbia enjoin threatened violation certain restrictive covenants relating lands situated city washington relief granted case brought appeal apparent case originated federal courts involved enforcement covenants land located district columbia present issues fourteenth amendment amendment terms applies question validity enforcement restrictive covenants fifth amendment properly opinion specifically recognizes constitutional issue appellants raised lower courts hence constitutional issue appeal validity covenant agreements concluded since inhibitions constitutional provisions invoked apply governmental action contrasted action private individuals showing covenants simply agreements private property owners invalid accordingly appeal dismissed want substantial question nothing opinion therefore may properly regarded adjudication merits constitutional issues presented cases raise question validity private agreements judicial enforcement agreements second cases involving racial restrictive covenants hansberry lee case petitioners white property owners enjoined state courts violating terms restrictive agreement state held petitioners bound earlier judicial determination litigation petitioners parties upholding validity restrictive agreement although fact agreement signed number owners necessary make effective state law reversed judgment state upon ground petitioners denied due process law held estopped challenge validity agreement theory accepted state earlier litigation petitioners participate nature class suit arriving result reach issues presented cases consideration well outset scrutinize terms restrictive agreemens involved cases missouri case covenant declares part affected property shall mo person caucasian race intended hereby restrict use said property occupancy owners tenants portion said property resident purpose people negro mongolian race restricton seek proscribe use occupancy affected properties members excluded class construed missouri courts agreement requires title person uses property violation restriction shall divested restriction covenant michigan case seeks bar occupancy persons excluded class provides property shall used occupied person persons except caucasian race observed covenants seek proscribe particular use affected properties use properties residential occupancy forbidden restrictions agreements rather directed toward designated class persons seek determine may may make use properties residential purposes excluded class defined wholly terms race color nothing doubted among civil rights intended protected discriminatory state action fourteenth amendment rights acquire enjoy dispose property equality enjoyment property rights regarded framers amendment essential realization basic civil rights liberties amendment intended guarantee thus revised statutes derived civil rights act enacted congress fourteenth amendment also provides citizens shall right every state territory enjoyed white citizens thereof inherit purchase lease sell hold convey real personal property given specific recognition principle buchanan warley likewise clear restrictions right occupancy sort sought created private agreements cases squared requirements fourteenth amendment imposed state statute local ordinance understand respondents urge contrary case buchanan warley supa unanimous declared unconstitutional provisions city ordinance denied colr ed persons right occupy houses blocks greater number houses occupied white persons imposed similar restrictions white persons respect blocks greater number houses occupied colored persons course opinion case stated fourteenth amendment statutes enacted furtherance purpose operate qualify entitle colored man acquire property without state legislation discriminating solely color harmon tyler unanimous authority buchanan warley supra declared invalid ordinance forbade negro establish home property white community white person establish home negro community written consent majority persons opposite race inhabiting community portion city affected precise question buchanan harmon cases involved rights white sellers dispose properties free restrictions potential purchasers based considerations race color legislation also offensive rights desiring acquire occupy property barred grounds race color clear language opinion buchanan warley supra disposition case city richmond deans negro barred occupancy certain property terms ordinance similar buchanan case sought injunctive relief federal courts enjoin enforcement ordinance grounds provisions violated terms fourteenth amendment relief granted affirmed finding citation buchanan warley supra harmon tyler supra sufficient support judgment present cases unlike discussed involve action state legislatures city councils particular patterns discrimination areas restrictions operate determined tne first instance terms agreements among private individuals participation state consists enforcement restrictions defined crucial issue confronted whether distinction removes cases operation prohibitory provisions fourteenth amendment since decision civil rights cases principle become firmly embedded constitutional law action inhibited first section fourteenth amendment action may fairly said amendment erects shield merely private conduct however discriminatory wrongful conclude therefore restrictive agreements standing alone regarded violation rights guaranteed pt itioners fourteenth amendment long purposes agreements effectuated voluntary adherence terms appear clear action state provisions amendment violated cf corrigan buckley supra cases purposes agreements secured judicial enforcement state courts restrictive terms agreements respondents urge jjdicial enforcement private agreements amount state action event participation state attenuated character amount state action within meaning fourteenth amendment finally suggested even cases may deemed acted constitutional sense action deprive petitioners rights guaranteed fourteenth amendment move consideration matters ii action state courts judicial officers official capacities regarded action state within meaning fourteenth amendment proposition long established decisions principle given expression earliest cases involving construction terms fourteenth amendment thus commonwealth virginia rives stated doubtless true state may act different agencies legislative executive judicial authorities prohibitions amendment extend action state denying equal protection laws whether action one agencies another ex parte commonwealth virginia observed state acts legislative executive judicial authorities act way civil rights cases pointed amendment makes void action every kind inconsistent guaranties therein contained extends manifestations authority shape laws customs judicial executive proceedings language like effect ployed less eighteen times course opinion similar expressions giving specific recognition fact judicial action regarded action state purposes fourteenth amendment found numerous cases recently decided twining new jersey said judicial act highest state authoritatively construing enforcing laws act state trust savings hill justice brandeis stated federal guaranty due process extends state action judicial well legislative executive administrative branch government examples declarations opinions lacking one earliest applications prohibitions contained fourteenth amendment action state judicial officials occurred cases negroes excluded jury service criminal prosecutions reason race color cases demonstrate also early recognition state action violation amendment provisions equally repugnant constitutional commands whether directed state statute taken judicial official absence statute thus strauder west virginia declared invalid state statute restricting jury service white persons amounting denial equal protection laws colored defendant case notice opportunity defend ex parte virginia supra held similar discrimination imposed action state judge denied rights protected amendment despite fact language state statute relating jury service contained restrictions action state courts imposing penalties depriving parties substantive rights without providing adequate notice opportunity defen course long regarded denial due process law guaranteed fourteenth amendment faris trust savings hill supra cf pennoyer neff numerous cases reversed criminal convictions state courts failure courts provide essential ingredients fair hearing thus held convictions obtained state courts domination mob void moore dempsey see frank mangum convictions obtained coerced use perjured testimony known prosecution without effective assistance counsel also held exertions state authority conflict fundamental rights protected fourteenth amendment examples state judicial action held violate amendment commands restricted situations judicial proceedings found manner procedurally unfair recognized action state courts enforcing substantive rule formulated courts may result denial rights guaranteed fourteenth amendment even though judicial proceedings cases may complete accord rigorous conceptions procedural due process thus american federation labor swing enforcement state courts policy state resulted restraining peaceful picketing held state action sort prohibited amendment guaranties freedom discussion cantwell connecticut conviction state crime breach peace circumstances case found violation amendment commonds relating freedom religion bridges california enforcement state rule relating contempts publication held state action inconsistent prohibitions fourteenth amendment cf chicago chicago short matter time adoption fourteenth amendment present consistent ruling action amendment reference includes action state courts state judicial officials although construing terms fourteenth amendment differences time time expressed whether particular types state action may said offend amendment prohibitory provisions never suggested state action immunized operation provisions simply act judicial branch state government iii background judicial construction extending period century called upon consider whether enforcement state courts restrictive agreements cases may deemed acts whether action denied petitioners equal protection laws amendment intended insure doubt state action cases full complete sense phrase undisputed facts disclose petitioners willing purchasers properties upon desired establish homes owners properties willing sellers contracts sale accordingly consummated clear active intervention state courts supported full panoply state power petitioners free occupy properties question without restraint cases suggested merely abstained action leaving private individuals free impose discriminations theys ee fit rather cases made available individuals full coercive power government deny petitioners grounds race color enjoyment property rights premises petitioners willing financially able acquire grantors willing sell difference judicial enforcement nonenforcement restrictive covenants difference petitioners denied rights property available members community accorded full enjoyment rights equal footing enforcement restrictive agreements state courts courts cases directed pursuant policy formulated courts earlier decisions missouri case enforcement covenant directed first instance highest state trial determined agreement invalid want requisite number signatures michigan case order enforcement trial affirmed highest state judicial action case bears clear unmistakable imprimatur state noted previous decisions established proposition judicial action immunized operation fourteenth amendment simply taken pursuant state policy amendment ineffective simply particular pattern discrimination state enforced defined initially terms private agreement state action phrase understood purposes fourteenth amendment refers exertions state power forms effect action deny rights subject protection fourteenth amendment obligation enforce constitutional commands hold granting judicial enforcement restrictive agreements cases denied petitioners equal protection laws therefore action state courts stand noted freedom discrimination enjoyment property rights among basic objectives sought effectuated framers thefourteenth amendment discrimination occurred cases clear race color petitioners denied rights ownership occupancy enjoyed matter course citizens different race color fourteenth amendment declares persons whether colored white shall stand equal laws regard colored race whose protection amendment primarily designed discrimination shall made law color strauder west virginia supra recently occasion declare state law denied equal enjoyment property rights designated class citizens specified race ancestry legitimate exercise state police power violated guaranty equal protectin laws oyama california may discriminations imposed state courts cases justified proper exertions state police power cf buchanan warley supra respondents urge however since state courts stand ready enforce restrictive covenants excluding white persons ownership occupancy property covered agreements enforcement covenants excluding colored persons may deemed denial equal protection laws colored persons thereby affected contention bear scrutiny parties directed attention case state federal called upon enforce covenant excluding members white majority ownership occupancy real property grounds race color fundamental considerations rights ceated first section fourteenth amendment terms guaranteed individual rights established personal rights therefore answer petitioners say courts may also induced deny white persons rights ownership occupancy grounds race color equal protection laws achieved indiscriminate imposition inequalities find merit suggestion property owners parties agreements denied equal protection laws denied access courts enforce terms restrictive covenants assert property rights state courts held created agreements constitution confers upon individual right demand action state results denial equal protection laws individuals appear beyond question power state create enforce property interests must exercised within boundaries defined fourteenth amendment cf marsh alabama problem defining scope restrictions federal constitution imposes upon exertions power given rise many persistent fundamental issues called upon consider problem foremost minds framers constitution since early day arisen multitude forms task determining whether action state offends constitutional provisions one may undertaken lightly however clear action state violt es terms fundamental charter obligation declare historical context fourteenth amendment became part constitution forgotten whatever else framers sought achieve clear matter primary concern establishment equality enjoyment basic civil political rights preservation rights discriminatory action part based considerations race color years ago announced provisions amendment construed fundamental purpose mind upon full consideration concluded cases acted deny petitioners equal protection laws guaranteed fourteenth amendment decided find unnecessary consider whether petitioners also deprived property without due process law denied privileges immunities citizens reasons stated judgment missuri judgment michigan must reversed reversed justice reed justice jackson justice rutledge took part consideration decision cases footnotes trial found title property petitioners shelley sought purchase held one bishop real estate dealer placed property name josephine fitzgerald bishop acted agent petitioners purchase concealed fact ownership kraemer shelley mo sipes mcghee mich first section fourteenth amendment provides persons born naturalized subject jurisdiction thereof citizens state wherein reside state shall make enforce law shall abridge privileges immunities citizens shall state deprive person life liberty property without due process law deny person within jurisdiction equal protection laws corrigan buckley buchanan warley cases wall see flack adoption fourteenth amendment oyama california section civil rights act herein considered described federal statute fourteenth amendment vindicated civil rights act reenacted act may subsequent adoption fourteenth amendment stat stat buchanan warley courts georgia maryland north carolina oklahoma texas virginia also declared similar statutes invalid discussed involve action state amendment glover atlanta jackson state md clinard allen oklahoma city okl liberty annex dallas irvine clifton forge see harris cruikshank among phrases appearing opinion following operation state laws action state officers executive judicial laws state proceedings law state action officers agents laws acts done state authority laws state action kind laws may adopt enforce acts proceedings may commit take legislation action law state authority neal delaware scott mcneal chicao chicago hovey elliott carter texas martin texas raymond chicago union traction home telephone telegraph los angeles prudential ins cheek american ry exp kentucky mooney holohan hansberry lee see standard oil missouri hansberry lee brown mississippi chambers florida ashcraft tennessee lee mississippi see mooney holohan pyle kansas powell alabama williams kaiser tomkins missouri demeerleer michigan applying rule erie tompkins clear law rules enunciated state courts judicial opinions regarded part law state see bakery drivers local wohl cafeteria employees union angelos see pennekamp florida craig harney see swain maxwell mo koehler rowland mo see also parmalee morris cf porter barrett cf home telephone telegraph los angeles raymond chicago union traction bridges california american federation labor swing see yick wo hopkins strauder west virginia truax raich ann restrictive agreements sort involved case used exclude negroes ownership occupancy real property informed agreements directed indians jews chinese japanese mexicans hawaiians puerto ricans filipinos among others see bridges california cantwell connecticut observed restrictions relating residential occupancy contained ordinances involved buchanan harmon deans cases cited supra declared inconsistent requirements fourteenth amendment applied equally white persons negroes mccabe atchison topeka santa fe missouri ex rel gaines canada oyama california cases wall strauder west virginia see flack adoption fourteenth amendment