Reitman v. Mulkey
Encyclopedia
Reitman v. Mulkey, 387 U.S. 369
(1967), was a United States Supreme Court decision that set an important legal precedent
that states could remove a constitutional amendment passed by initiative, if the proffered amendment "encouraged" racial discrimination.
In 1964, pursuant to an initiative and referendum, Art. I, § 26, was added to the California state constitution. It provided in part that neither the State nor any agency thereof "shall deny, limit or abridge, directly or indirectly, the right of any person, who is willing or desires to sell, lease or rent any part or all of his real property, to decline to sell, lease or rent such property to such person or persons as he, in his absolute discretion, chooses."
The California Supreme Court held that Art. I, § 26, was designed to overturn state laws prohibiting discrimination, encouraged discrimination and unconstitutionally involved the State in racial discrimination, and was therefore invalid under the Equal Protection Clause of the Fourteenth Amendment.
The case was appealed to the U.S. Supreme Court, which upheld the California Supreme Court in a 5-4 decision. The Supreme Court focused on examining the constitutionality of § 26 in terms of its "immediate objective" its "ultimate effect" and its "historical context and the conditions existing prior to its enactment." The Court pointed to its decision in McCabe v. Atchison
that this was nothing less than considering a permissive state statute as an authorization to discriminate and as sufficient state action to violate the Fourteenth Amendment in the context of that case. Therefore, the California Supreme Court was correct in holding that this amendment encouraged discrimination and thus violated the 14th Amendment
.
This case can be compared to Washington v. Seattle School District No. 1 where the court held that a state-wide initiative that was designed primarily to put an end to a newly formed busing program in Seattle was unconstitutional. Thus collectively these cases stand for the proposition that, non-constitutionally required racially based desegregation programs may be repealed, that must be repealed by the level of government that develops the program. That is a state can not change the rules just so that a municipality cannot institute a desegregation program.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1967), was a United States Supreme Court decision that set an important legal precedent
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
that states could remove a constitutional amendment passed by initiative, if the proffered amendment "encouraged" racial discrimination.
In 1964, pursuant to an initiative and referendum, Art. I, § 26, was added to the California state constitution. It provided in part that neither the State nor any agency thereof "shall deny, limit or abridge, directly or indirectly, the right of any person, who is willing or desires to sell, lease or rent any part or all of his real property, to decline to sell, lease or rent such property to such person or persons as he, in his absolute discretion, chooses."
The California Supreme Court held that Art. I, § 26, was designed to overturn state laws prohibiting discrimination, encouraged discrimination and unconstitutionally involved the State in racial discrimination, and was therefore invalid under the Equal Protection Clause of the Fourteenth Amendment.
The case was appealed to the U.S. Supreme Court, which upheld the California Supreme Court in a 5-4 decision. The Supreme Court focused on examining the constitutionality of § 26 in terms of its "immediate objective" its "ultimate effect" and its "historical context and the conditions existing prior to its enactment." The Court pointed to its decision in McCabe v. Atchison
McCabe v. Atchison
McCabe v. Atchison, was a case before the United States Supreme Court.-Statute:The Separate Coach Law required railroads to provide separate, but equal, compartments for African-American and Caucasian passengers...
that this was nothing less than considering a permissive state statute as an authorization to discriminate and as sufficient state action to violate the Fourteenth Amendment in the context of that case. Therefore, the California Supreme Court was correct in holding that this amendment encouraged discrimination and thus violated the 14th Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
.
This case can be compared to Washington v. Seattle School District No. 1 where the court held that a state-wide initiative that was designed primarily to put an end to a newly formed busing program in Seattle was unconstitutional. Thus collectively these cases stand for the proposition that, non-constitutionally required racially based desegregation programs may be repealed, that must be repealed by the level of government that develops the program. That is a state can not change the rules just so that a municipality cannot institute a desegregation program.