Hurd v. Hodge
{{Use mdy dates|date=September 2023}}
{{Infobox SCOTUS case
|Litigants=Hurd v. Hodge
|ArgueDateA=January 15
|ArgueDateB=16
|ArgueYear=1948
|DecideDate=May 3
|DecideYear=1948
|FullName=Hurd et al. v. Hodge et al., Urciolo et al. v. Same
|USVol=334
|USPage=24
|ParallelCitations=68 S. Ct. 847; 92 L. Ed. 2d 1187
|Holding=The Fourteenth Amendment prohibits a federal court from enforcing restrictive covenants that would prohibit a person from owning or occupying property based on race or color.
|Majority=Vinson
|JoinMajority=Black, Douglas, Murphy, Burton
|Concurrence=Frankfurter
|NotParticipating=Reed, Jackson and Rutledge
}}
The Case
Hurd v. Hodge, 334 U.S. 24 (1948), was a companion case to Shelley v. Kraemer, in which the Court held that the Fourteenth Amendment prohibits a federal court from enforcing restrictive covenants that would prohibit a person from owning or occupying property based on race or color. Hurd v. Hodge also involved racially restrictive covenants on houses in the Bloomingdale neighborhood of Washington, D.C.{{ussc|name=Hurd v. Hodge|volume=334|page=24|pin=|year=1948}}.
However, the Equal Protection Clause does not explicitly apply to a U.S. territory not in a U.S. state, and so the decision varied from the Fourteenth Amendment ruling in Shelley v. Kraemer. In Hurd, the Court found against the segregationists by holding that both the Civil Rights Act of 1866 and treating persons in the District of Columbia like those in the states would forbid restrictive covenants.{{Cite web |title=Hurd v. Hodge, 334 U.S. 24 (1948) |url=https://supreme.justia.com/cases/federal/us/334/24/ |access-date=2023-09-30 |website=Justia Law |language=en}}
Background
The Bloomingdale area was an epicenter of legal challenges regarding Blacks attempting to move into racially restricted housing. Bloomingdale was attractive to middle-class Black Families because of the proximity to Howard University.
The Hurd House, located at 116 Bryant Street in Bloomingdale, D.C., was the first house owned and sold to a black family in the area, infringing on the covenant's racial restrictions. This caused the neighboring whites, Lena and Frederic Hodge, to sue the Hurd family for violating the covenant which barred the house’s sale to African Americans.
Charles Hamilton Houston, the Hurd’s family attorney, a black man who attended Howard University, had evidence that revealed the covenants in Bloomingdale did not uphold keeping the neighborhood white, however, the D.C. court upheld the covenant.
Aftermath
Now, the Hurd House is a historical site for the civil rights movement which can be toured.
The Hurd V Hodge decision was a large win for the civil rights movement, in addition to the Shelley V Kreamer decision. These decisions paved the way for the following cases similar to these.
See also
- List of United States Supreme Court cases, volume 334
- Shelley v. Kraemer (1948), a companion case to Hurd v. Hodge
References
{{reflist}}
Civil Rights Tour: Legal Campaigns - Hurd v. Hodge, Landmark Supreme Court Case.{{cite web | url=https://historicsites.dcpreservation.org/items/show/1030 | title=Civil Rights Tour: Legal Campaigns - Hurd v. Hodge, Landmark Supreme Court Case - 116 Bryant Street NW }}
External links
- {{wikisource-inline|Hurd v. Hodge Urciolo|Hurd v. Hodge}}
- {{caselaw source
| case=Hurd v. Hodge, {{ussc|334|24|1948|el=no}}
| courtlistener =https://www.courtlistener.com/opinion/104546/hurd-v-hodge/
| justia=https://supreme.justia.com/cases/federal/us/334/24/
| loc =http://cdn.loc.gov/service/ll/usrep/usrep334/usrep334024/usrep334024.pdf
|findlaw=https://caselaw.findlaw.com/court/us-supreme-court/334/24.html|cornell=https://www.law.cornell.edu/supremecourt/text/334/24|googlescholar=https://scholar.google.com/scholar_case?case=17115974254897619372&q=Hurd+v.+Hodge+334+U.S.+24+&hl=en&as_sdt=8006}}
Category:United States equal protection case law
Category:United States Supreme Court cases
Category:United States Supreme Court cases of the Vinson Court
Category:United States land use case law
Category:United States Supreme Court cases in 1948
Category:Housing rights activism
Category:African-American history between emancipation and the civil rights movement
Category:Civil rights movement case law
Category:1948 in Washington, D.C.
Category:Housing in Washington, D.C.
Category:United States racial discrimination case law
Category:May 1948 in the United States
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