Runyon v. McCrary

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Runyon v. McCrary
Supreme Court of the United States
Argued April 26, 1976
Decided June 25, 1976
Full case name: Runyon, et ux., dba Bobbe's School v. McCrary, et al.
Citations: 427 U.S. 160
Holding
Federal law prohibits private schools from discriminating on the basis of race.
Court membership
Chief Justice: Warren E. Burger
Associate Justices: William J. Brennan, Jr., Potter Stewart, Byron White, Thurgood Marshall, Harry Blackmun, Lewis F. Powell, Jr., William Rehnquist, John Paul Stevens
Case opinions
Majority by: Stewart
Joined by: Burger, Brennan, Marshall, Blacknum, Powell, Stevens
Concurrence by: Powell
Concurrence by: Stevens
Dissent by: White
Joined by: Rehnquist
Overruled by
Patterson v. McLean Credit Union, 491 U.S. 164 (1989)

Runyon v. McCrary, 427 U.S. 160 (1976), was a case heard before the United States Supreme Court which held that federal law prohibited private schools from discriminating on the basis of race. Dissenting Justice White argued that the legislative history of 42 U.S.C. § 1981 (popularly known as the "Ku Klux Klan Act") indicated that the Act was not designed to prohibit private racial discrimination, but only state-sponsored racial discrimination (as had been held in the Civil Rights Cases of 1883). White was concerned about the potential far-reaching impact of holding private racial discrimination illegal, which if taken to its logical conclusion might ban many varied forms of voluntary self-segregation, including social and advocacy groups that limited their membership to blacks.[1] Runyon was essentially overruled by Patterson v. McLean Credit Union, 491 U.S. 164 (1989), which itself was overruled by the Civil Rights Act of 1991.

Contents

[edit] See also

[edit] References

  1. ^ See 427 U.S. 212 (White, J., dissenting): "Whether such conduct should be condoned or not, whites and blacks will undoubtedly choose to form a variety of associational relationships pursuant to contracts which exclude members of the other race. Social clubs, black and white, and associations designed to further the interests of blacks or whites are but two examples."

[edit] Further reading

  • Bogdanski, John A. (1977). "Section 1981 and the Thirteenth Amendment after Runyon v. McCrary. On the Doorsteps of Discriminatory Private Clubs". Stanford Law Review 29 (4): 747–793. doi:10.2307/1228260. 

[edit] External links

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