Racially Restrictive Covenants

Written By Jonathan Milner

Definition

Racially restrictive covenants were clauses inserted into property deeds, designed to prevent individuals of certain racial or ethnic backgrounds from owning or occupying property in specific areas, serving as a tool for systemic segregation and discrimination. These covenants were essentially private contracts or conditions attached to property deeds, stating that the land could not be sold or rented to people of a specific race or ethnicity. The primary purpose was to maintain racially homogenous neighborhoods and prevent the integration of communities. While these covenants were once legally enforceable, the U.S. Supreme Court ruled in Shelley v. Kraemer (1948) that judicial enforcement of such covenants constituted state action and violated the Equal Protection Clause of the Fourteenth Amendment. The Fair Housing Act of 1968 further outlawed discriminatory practices in housing, including the use of racially restrictive covenants. Despite being legally unenforceable, many of these covenants still exist in property records, serving as a reminder of the country's racist past and the ongoing struggle for housing equality. Some communities are now working to remove or disavow these discriminatory language and educate their communities about the ongoing harms of systemic racism. 

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Example

 
 

Questions

  1. Translate racially restrictive covenants into English language that a classmate of yours would understand.

  2. Give an example of how racially restrictive covenants worked?

  3. Why did people use racially restrictive covenants?

  4. What is a current consequence of the use of racially restrictive covenants?

  5. What Supreme Court case outlawed racially restrictive covenants?

  6. What legislation further outlawed racially restrictive covenants?

  7. Do you think the current president would favor or oppose bringing back racially restrictive covenants again?

  8. Did you know that you can research your own deed to find out if it is racially restricted? Yep, you can.

Remember!

Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw racially restrictive covenants. Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.

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Jonathan Milner

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https://www.gopopro.com/
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