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California Proposition 14, Right to Decline Selling or Renting Residential Properties to Persons Initiative (1964)
| California Proposition 14 | |
|---|---|
 | |
| Election date November 3, 1964 | |
| Topic Housing | |
Status Overturned | |
| Type Constitutional amendment | Origin Citizens |
California Proposition 14 was on the ballot as an initiated constitutional amendment in California on November 3, 1964.
The ballot measure was approved at the election but was later overturned. The California Supreme Court ruled that Proposition 14 violated the equal protection clause of the U.S. Constitution's Fourteenth Amendment. The U.S. Supreme Court upheld the state court's decision in Reitman v. Mulkey.
A "yes" vote supported creating a state constitutional right for persons to refuse to sell, lease, or rent residential properties to other persons. |
A "no" vote opposed creating a state constitutional right for persons to refuse to sell, lease, or rent residential properties to other persons. |
Overview
What was Proposition 14 designed to change?
Proposition 14 created a state constitutional right for persons to refuse to sell, lease, or rent residential properties to other persons. Proposition 14 had the effect of voiding a state statute called the California Fair Housing Act of 1963, also known as the Rumford Act. The California Fair Housing Act prohibited discrimination based on race, color, religion, natural origin, or ancestry in the sale or rental of residential dwellings containing more than four units.[1]
How did state and federal courts rule on Proposition 14?
In 1966, the California Supreme Court ruled that Proposition 14 violated the equal protection clause of the U.S. Constitution's Fourteenth Amendment.[1] The U.S. Supreme Court upheld the state court's ruling the following year. Justice Byron White wrote that "[Proposition 14] was intended to authorize, and does authorize, racial discrimination in the housing market. The right to discriminate is now one of the basic policies of the State."[2]
Election results
|
California Proposition 14 |
||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
4,526,460 | 65.39% | ||
| No | 2,395,747 | 34.61% | ||
Text of measure
Ballot title
The ballot title for Proposition 14 was as follows:
| “ | Sales and Rentals of Residential Real Property. Initiative Constitutional Amendment. | ” |
Ballot summary
The ballot summary for this measure was:
| “ | Prohibits State, subdivision, or agency thereof from denying, limiting, or abridging right of any person to decline to sell, lease, or rent residential real property to any person as he chooses. Prohibition not applicable to property owned by State or its subdivisions; property acquired by eminent domain; or transient lodging accommodations by hotels, motels, and similar public places. | ” |
Full Text
The full text of this measure is available here.
Constitutional changes
The ballot measure added a Section 26 to Article I to the California Constitution. The following underlined text was added:[3] Note: Hover over the text and scroll to see the full text.
Neither the State nor any subdivision or agency thereof shall deny, limit or abridge, directly or indirectly, the right of any person, who is willing or desires to sell, lease or rent any part or all of his real property, to decline to sell, lease or rent such property to such person or persons as he, in his absolute discretion, chooses.
'Person' includes individuals, partnerships, corporations and other legal entities and their agents or representatives but does not include the State or any subdivision thereof with respect to the sale, lease or rental of property owned by it.
'Real property' consists of any interest in real property of any kind or quality, present or future, irrespective of how obtained or financed, which is used, designed, constructed, zoned or otherwise devoted to or limited for residential purposes whether as a single family dwelling or as a dwelling for two or more persons or families living together or independently of each other.
This Article shall not apply to the obtaining of property by eminent domain pursuant to Article I, Sections 14 and 14 1/2 of this Constitution, nor to the renting or providing of any accommodations for lodging purposes by a hotel, motel or other similar public place engaged in furnishing lodging to transient guests.
If any part or provision of this Article, or the application thereof to any person or circumstance, is held invalid, the remainder of the Article, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end the provisions of this Article are severable.[4]
Path to the ballot
In California, the number of signatures required for an initiated constitutional amendment is equal to 8 percent of the votes cast at the preceding gubernatorial election. For initiated amendments filed in 1964, at least 468,259 valid signatures were required.
See also
External links
Footnotes
- ↑ 1.0 1.1 California Supreme Court, "Mulkey v. Reitman," May 10, 1966
- ↑ U.S. Supreme Court, "Mulkey v. Reitman," May 29, 1967
- ↑ California Voter Guide (November 1964), "Proposition 14," accessed December 20, 2021
- ↑ Note: This text is quoted verbatim from the original source.
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