Colorado Supreme Court Rules Against Restrictive Religious Covenants

The Supreme Court of the State of Colorado completely modified the effects of restrictive religious and racial covenants which have affected Jews and other minority groups in the purchase of real estate property in this state. The court ruled last week that a property owner who purchased property in disregard of the provisions of a religious or racial restrictive covenant did not thereby create any cloud on his file.

The ruling was handed down in a case involving the right of a Negro to own property in a section of Denver north of City Park. Because the court decision would affect members of minority groups seeking to purchase in “restricted” areas, the Anti-Defamation League of B’nai B’rith and the American Jewish Committee filed a brief with the court supporting the plaintiff.

“The United States Supreme Court has ruled that restrictive covenants violate the equal protection” clause of the Fourteenth Amendment to the U.S. Constitution and are not legally enforceable. The Colorado Court ruling goes even further in guaranteeing property owners who hold in disregard of a racial or religious restrictive covenant against any possible enforcement of the covenant.

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