Replies

This is a ridiculous proposition.

They will run afoul of the law the further they go along.

1. Fair Housing Act

The Fair Housing Act (FHA) prohibits discrimination in the sale, rental, or financing of housing based on race, color, national origin, religion, sex, familial status, or disability.
• Prohibited conduct includes:
• Refusing to sell or rent to someone because of race
• Publishing statements indicating racial preferences
• Imposing conditions or restrictions on ownership or occupancy based on race

If the association sells land or homes only to white people, it’s almost certainly a violation of the FHA, even if the land is technically “private.”

2. Civil Rights Act of 1866

This older law is even more direct than the FHA. It states:

“All citizens of the United States shall have the same right, in every State and Territory, to inherit, purchase, lease, sell, hold, and convey real and personal property.”

It applies regardless of whether a transaction is public or private. So even if someone tries to argue “freedom of association” or “private property rights,” racial restrictions in property sales are illegal.

3. Restrictive covenants base on race are illegal

In Shelley v. Kraemer (1948), the U.S. Supreme Court ruled that:

Racially restrictive covenants are unenforceable in court because state enforcement would constitute state action, violating the Equal Protection Clause.

Furthermore, if someone married or adopted a non-white, they couldn’t kick them out based on volumes of civil rights law.

The reason this is so stupid is that it involves property. The optics are horrible and they’re just asking for trouble.

If they want to only associate with whites only and exercise their freedom of association they should just form a members only club that doesn’t involve a public business or real estate. If they want to be left alone, they shouldn’t publicize their activities so that detractors won’t try to seek ways of dismantling their group.

Remember the first rule of fight club is that nobody talks about fight club.

The Fair Housing Act (FHA) prohibits discrimination in the sale, rental, or financing of housing based on race, color, national origin, religion, sex, familial status, or disability.

That only applies to housing, not lots of land. If there is no housing attached to the lot, FHA may not apply. Discrimination based on race will most certainly be struck down in court. A religious community that sells land only to other members of that religion may get some slack in the courts. Someone outside the community needs to know a property is for sale before anything can go to court. Private sales are under government radar.