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Constitutional Law Keyed to Choper
Runyon v. McCrary
Citation:
427 U.S. 160 (1976)Facts
In 1969 and 1972, the parents of Michael McCrary and Colin Gonzales, both African American children, sought to enroll their sons in Bobbe’s School and Fairfax-Brewster School respectively. Both schools were private, non-sectarian institutions in Virginia that advertised in the Yellow Pages and accepted applications from the general public. The schools denied admission to both children solely on the basis of their race. The schools had policies against admitting African American students. The parents filed suit under 42 U.S.C. § 1981, alleging that the schools’ racially discriminatory admissions policies violated their right to make and enforce contracts on the same basis as white citizens. The schools defended their actions by arguing that § 1981 did not apply to private acts of discrimination and that forcing them to admit African American students would violate their constitutionally protected rights of free association.
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