Home / Full timeline / The California Supreme Court ruled that the state constitutional amendment that nullified California fair-housing laws was in violation of the U.S. Constitution.
The California Supreme Court ruled that the state constitutional amendment that nullified California fair-housing laws was in violation of the U.S. Constitution.
1966 (May 10)
The California Supreme Court ruled that the state constitutional amendment that nullified California fair-housing laws was in violation of the U.S. Constitution. The state amendment, known as Proposition 14, had been placed on the general election ballot in November of 1964 and was approved by a 2 to 1 margin. It provided that no state or local agency could interfere with a real estate owner's "absolute discretion" in the sale and rental of property. In effect, it nulled California open-housing ordinances and sanctioned discrimination in selling or renting property. But the state supreme court's 5 to 2 decision held that it was "beyond dispute" that the Fourteenth Amendment's equal protection clause secured "the right to acquire and possess property of every kind" without racial or religious discrimination. The court overruled a lower court's rejection of a complaint by Lincoln W. Mulkey against apartment owners in Orange County. The lower court had ruled that the California open housing acts on which Mulkey's petition was based had been rendered "null and void" by the passage of Proposition 14. Six companion cases were also covered by the state court's order. Governor Edmund Brown, who had announced in March of 1966 that $200 million in federal urban-renewal funds had been withheld from California because of Proposition 14, promptly announced that the state court's decision would be appealed to the U.S. Supreme Court and that until then he would continue to enforce Proposition 14. State Attorney General Thomas Lynch, however, said he would resume enforcement of the open-occupancy laws of 1959 and 1963 that had been invalidated by Proposition 14.
References:
- • Hornsby, Alton. Chronology of African-American History: Significant Events and People from 1619 to the Present. Detroit: Gale Research, 1995.