PROGRESSIVE MEDIA PROJECT
The Progressive Media Project has distributed more than 2,500 op-eds that have placed over 10,000 times in large and small newspapers around the country. The Progressive Media Project has also hosted more than 40 skills-building op-ed writing clinics for foundation grantees, nonprofit organizations, activists and community groups. Download our 2006 Annual Report here.
FEATURED AUTHOR
Jim Abourezk is a practicing lawyer in Sioux Falls, S.D., and is a former U.S. senator from that state. Read Jim Abourezk's Op-Eds
FROM THE MEDIA PROJECT

McCain’s bilingual blues

By Ed Morales, May 8, 2008

On 10th anniversary of nuclear blasts, U.S. and India are entering into devil’s pact

By Amitabh Pal, May 4, 2008

I detest Cinco de Mayo

By Yolanda Chávez Leyva, May 4, 2008

A neglected civil-rights landmark case

By Brian Gilmore, April 30, 2008

On May Day, we need to protect undocumented immigrants

By David Bacon, April 28, 2008

Petraeus promotion an ominous sign of possible war with Iran

By Farrah Hassen, April 24, 2008

World Malaria Day requires action

By Sonia Shah, April 23, 2008

Colleges must work harder to recruit, retain and graduate Latinos

By Juleyka Lantigua, April 23, 2008

Campaign of healing needed

By James Thindwa, April 22, 2008

Pope’s visit should have had different focus

By Colman McCarthy, April 22, 2008

For Earth Day, let’s make sure the environment is a campaign issue

By Hank Kalet, April 17, 2008

A father mourns the death of two sons 12 years ago in Lebanon

By Haidar Bitar, April 17, 2008

Women deserve pay equity

By Jill Hopke, April 17, 2008

Solve food crisis by changing policies

By Anuradha Mittal, April 17, 2008

Homeland Security head wields too much power over the environment

By José Miguel Leyva, April 17, 2008

Senate rewards those who got us into the foreclosure crisis

By Julianne Malveaux, April 17, 2008
RECENT OP-EDS FROM PROGRESSIVE MEDIA PROJECT

McCain’s bilingual blues

Let’s hope McCain’s new website means he understands that the use of Spanish, and many other non-English languages in America, is here to stay, and the idea of declaring an official language is officially defunct.

On 10th anniversary of nuclear blasts, U.S. and India are entering into devil’s pact

Ten years after India crashed the nuclear weapons club, the Bush administration is planning on rewarding it for its bad behavior.

I detest Cinco de Mayo

This year, let’s stop celebrating in the way that we have become accustomed. Let’s put the beer bottle down, say no to wearing a sombrero and take history back.
[Media Project Archives]

A neglected civil-rights landmark case

By Brian Gilmore, April 30, 2008

Sixty years ago, we took a big step toward racial justice.

On May 3, 1948, the U.S. Supreme Court declared that the enforcement of racially restrictive covenants in housing was unconstitutional.

That ruling was a landmark, but few Americans — other than lawyers, judges, scholars and law students — recognize it today.

The case was called Shelly v. Kraemer. J.D. and Ethel Shelly of St. Louis purchased a home at 4600 Labadie Avenue from a white individual. The day was Sept. 11, 1945. Not long after the Shelly family settled into their new home, they were sued for eviction by Louis and Fern Kraemer, a white couple who lived ten blocks away on the same street.

The house the Shelly family purchased contained a racially restrictive covenant in the deed. The covenant prohibited anyone from selling the house to someone of the “Negro or Mongolian Race.” The Kraemers sued the Shellys to invalidate the sale.

Back then, there were of thousands of such neighborhoods with such covenants all across the United States in 1945. Similar covenants were used to exclude Jews and Catholics from certain neighborhoods. When George W. Bush was elected President, it was discovered that he owned a house from 1988-1995 in Dallas that contained a racial covenant.

In 1926, the U.S. Supreme Court declared such racial covenants legal in Corrigan v. Buckley. Like the Dred Scott decision of 1857, and the Plessy decision of 1896, Corrigan was a cowardly legal moment.

Yet, almost immediately Americans of goodwill began the hard task of fixing this legal wrong.

Dedicated civil-rights lawyers like Charles Hamilton Houston of Washington, D.C., Thurgood Marshall of Baltimore, George Vaughn of St. Louis, Loren Miller of Los Angeles and Earl Dickerson of Chicago began to press lawsuits through the courts challenging racial covenants in American cities.

Finally, the Shelly case and several other cases involving racial covenants made it to the high court in 1948 for oral argument.

Justice Frank Murphy, the great New Deal liberal, was instrumental in convincing his colleagues on the court that it should tackle the issue of racial covenants in housing.

President Harry Truman authorized the federal government to side with the civil rights lawyers and the Shelly family in the case. The Truman administration filed an amicus brief supporting the unconstitutionality of enforcing the covenants.

Enforcement of racial covenants “cannot be reconciled with our mutual tolerance and respect for dignity and the rights of the individual which give vitality to our democratic way of life,” the brief read.

The case was heard by only six of the nine Supreme Court justices because three justices owned land that allegedly contained racially restrictive covenants. At argument, Solicitor General Phillip Perlman urged the court to relegate the covenants “to the limbo of other things as dead as slavery.”

And so it did, by a unanimous 6-0 vote. Many years later, J.D. Shelly would say: “It was a good thing we done this case.”

Yes, it was.

Brian Gilmore, a poet and a lawyer, lives in Takoma Park, Md. He can be reached at pmproj@progressive.org.

©2008 The Progressive Magazine. All Rights Reserved.
The Progressive Magazine since 1909. Home of Howard Zinn, Barbara Ehrenreich, and Ruth Conniff, plus radio, video, and Matthew Rothschild's McCarthyism Watch.