The defendant in error insists that Plessy v. Ferguson, 163 U.S. 537, is controlling in principle in favor of the judgment of the court below.

Again this court in Ex parte Virginia, 100 U.S. 339, 347, speaking of the Fourteenth Amendment, said: “Whoever, by virtue of public position under a State government, deprives another of property, life, or liberty, without due process of law, or denies or takes away the equal protection of the laws, violates the constitutional inhibition; and as he acts in the name and for the State, and is clothed with the State’s power, his act is that of the State.”.

  In 1915, William Warley, the prospective black buyer and an attorney for the National Association for the Advancement of Colored People (NAACP), made an offer to Charles H. Buchanan for his property in a predominately white neighborhood.[2]. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.

[245 U.S. 60, 82] Buchanan, plaintiff in error, brought an action in the Chancery Branch of Jefferson Circuit Court of Kentucky for the specific performance of a contract for the sale of certain real estate situated in the City of Louisville at the corner of 37th Street and Pflanz Avenue. It ordains that no State shall make or enforce any laws which shall abridge the privileges or immunities of citizens of the United States. It is urged that this proposed segregation will promote the public peace by preventing race conflicts.

Social. Reaching this conclusion it follows that the judgment of the Kentucky Court of Appeals must be reversed, and the cause remanded to that court for further proceedings not inconsistent with this opinion. The Court, however, summarily invalidated these laws in 1927 and 1930. Holden v. Hardy, 169 U.S. 366, 391. But in view of the rights secured by the Fourteenth Amendment to the federal Constitution such legislation must have its limitations, and cannot be sustained where the exercise of authority exceeds the restraints of the Constitution.

This is now the settled law. In Plessy v. Ferguson, classification of accommodations was permitted upon the basis of equality for both races. In Plessy v. Ferguson, classification of accommodation was permitted upon the basis of equality for both races.

[245 U.S. 60, 76]

In Strauder v. West Virginia,

Mr. Justice Strong, speaking for the court, again reviewed the history of the amendments, and among other things, in speaking of the Fourteenth Amendment, said:

  U.S. Supreme Court Buchanan v. Warley, 245 U.S. 60 (1917) Buchanan v. Warley.

“The Fourteenth Amendment makes no attempt to enumerate the rights is designed to protect. Such action is said to be essential to the maintenance of the purity of the races, although it is to be noted in the ordinance under consideration that the employment of colored servants in white families is permitted, and nearby residences of colored persons not coming within the blocks, as defined in the ordinance, are not prohibited. .

Colored persons are citizens of the United States and have the right to purchase property and enjoy and use the same without laws discriminating against them solely on account of color. Its language is prohibitory; but every prohibition implies the existence of rights and immunities, prominent among which is an immunity from inequality of legal protection, either for life, liberty, or property. Following the Civil War certain amendments to the federal Constitution were adopted, which have become an integral part of that instrument, equally binding upon all the states and fixing certain fundamental rights which all are bound to respect.

Legitimate business may also be regulated in the interest of the public.

That being the case, the ordinance cannot stand.

The ruling of the Kentucky Court of Appeals was thus reversed. Since 8 of 10 houses were occupied by whites, Warley was not allowed to live on the block. Warley cited the city ordinance as the reason for non-completion of the sale. We think these limitations are exceeded in laws and ordinances of the character now before us. On Friday, the justices will hold their October 9 conference. This required only that the Court shift its view from segregation in public education as involving a "social right" not implicating the Equal Protection or Due Process Clause, to it infringing an important liberty or property right. .

What is this but declaring that the law in the States shall be the same for the black as for the white; that all persons, whether colored or white, shall stand equal before the laws of the States, and, in regard to the colored race, for whose protection the amendment was primarily designed, that no discrimination shall be made against them by law because of their color? The concrete question here is: May the occupancy, and, necessarily, the purchase and sale of property of which occupancy is an incident, be inhibited by the States, or by one of its municipalities, solely because of the color of the proposed occupant of the premises? St. 1916, 3931), that: And in 1870, by chapter 114, 16, 16 Stat.

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In the face of these constitutional and statutory provisions, can a white man be denied, consistently with due process of law, the right to dispose of his property to a purchaser by prohibiting the occupation of it for the sole reason that the purchaser is a person of color intending to occupy the premises as a place of residence?

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