Runyon v. McCrary

Infobox SCOTUS case
Litigants = Runyon v. McCrary
ArgueDate = April 26
ArgueYear = 1976
DecideDate = June 25
DecideYear = 1976
FullName = Runyon, et ux., dba Bobbe's School v. McCrary, et al.
USVol = 427
USPage = 160
Citation =
Prior =
Subsequent =
Holding = Federal law prohibits private schools from discriminating on the basis of race.
SCOTUS = 1975-1981
Majority = Stewart
JoinMajority = Burger, Brennan, Marshall, Blackmun, Powell, Stevens
Concurrence = Powell
JoinConcurrence =
Concurrence2 = Stevens
JoinConcurrence2 =
Dissent = White
JoinDissent = Rehnquist
LawsApplied =
Overruled = "Patterson v. McLean Credit Union", ussc|491|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 UnitedStatesCode|42|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. [See ussc|427|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."]

"Runyon"'s holding was severely limited by "Patterson v. McLean Credit Union", ussc|491|164|1989, which narrowly construed Section 1981 to not apply to any discrimination occurring "after" the making of a contract, such as racial harassment on the job (although it should be noted that the "Patterson" majority expressly claimed that they were "not" overruling "Runyon"). In turn, "Patterson" was legislatively overruled by the Civil Rights Act of 1991.

ee also

* List of United States Supreme Court cases, volume 427
*"Jones v. Alfred H. Mayer Co.", ussc|392|409|1968

References

Further reading

* cite journal | last = Bogdanski | first = John A. | authorlink = | coauthors = | year = 1977 | month = | title = Section 1981 and the Thirteenth Amendment after "Runyon v. McCrary". On the Doorsteps of Discriminatory Private Clubs | journal = Stanford Law Review | volume = 29 | issue = 4 | pages = 747–793 | doi = 10.2307/1228260 | url = | accessdate = | quote =

External links

* [http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=427&page=160 Full text opinion from Findlaw.com]