Constitutional Law Keyed to Cohen
Reitman v. Mulkey
The Respondents are husband and wife, and sued under Section:51 and Section:52 of the California Civil Code, which prohibit discrimination in housing decisions based on an individuals racial status, alleging that Petitioner refused to rent them an apartment solely based on their racial status. Respondents demanded an injunction and damages as a result of this discrimination. Petitioner’s filed a motion for summary judgment on the grounds that section 51 and 52 have been invalidated by proposition 14, later Art. I Section: 26 of the California Constitution, which banned fair housing measures in the State of California. The trial court granted the motion, and the California Supreme Court reversed on the grounds that Art. I Section: 26 denied equal protection of the laws guaranteed by the Fourteenth Amendment of the United States Constitution.
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