Opinion | Outlaw restrictive racist language still found in property deeds

In the early 1940s, Orsel and Minnie McGhee did what many believe is a part of the American Dream. They purchased and moved into a home in Detroit. However, it would take years of legal battles to realize their dream.

The home the McGhees purchased was subject to a neighborhood agreement. Neighborhood agreements contain covenants, promises, which are used for numerous reasons from use to aesthetics that the residents agree to be legally bound to follow. The neighborhood the McGhees purchased their home in also contained a covenant that read: “This property shall not be used or occupied by any person or persons except those of the Caucasian race.” To this day, those racist covenants can still be found across our state in neighborhood agreements and individual property deeds.

In 1943, Orsel and Minnie’s neighbors, the Sipes, sued them on the basis of that covenant to make the McGhees leave their own home. The trial court sided with the Sipes, after accepting their testimony that Orsel “appears to have colored features” and Minnie “appears to be the mulatto type.” The court ordered the McGhees out of their home.

The McGhees lost appeals in the Court of Appeals and the Michigan Supreme Court. But, in 1947, their case was argued by Thurgood Marshall before the U.S. Supreme Court. The Court ruled in favor of the McGhees, holding that judicial enforcement of the racist covenant was unconstitutional.

Although it was a victory for the McGhees, the determination only barred the enforcement of those covenants, and did not prohibit it from being in a deed. The offensive clauses were still used prolifically, and also led to the creation of new ways to exclude Blacks and other minorities from moving into white neighborhoods. The FHA continued for decades to require restrictive covenants in land development plans in order to receive government loans and subsidies. That practice was outlawed in 1968 with the Fair Housing Act, but contributed to what we now know as redlining.

A recent CNN article highlighted the persistence of racist language in housing deeds across the country. Over the years, the courts have set the precedent that restrictive covenants and other forms of discrimination based on race go against our constitutional values, yet our state, among others, seems to lack the will to take action.  Several states have recently made efforts to allow a deed to be amended without actually removing the language, while others have taken steps to change their laws to remove the offensive clauses altogether. The scholarly consensus is that restrictive covenants have been used throughout history as a tool to keep African-Americans and other minority groups from owning homes in white neighborhoods. What some might find surprising is the significant opportunity we have in our state Legislature to right the course of history.

House Bill 4676, introduced by Rep. Sarah Anthony, would prohibit deed restrictions on the basis of race, sex, national origin, familial status, sexual orientation or gender identity. Individuals with sensory, mental or physical disabilities will also be protected from discrimination.  The bill would render any prohibited restrictive covenants in an existing deed void, and its companion bill (HB 4677) would give neighborhood associations and individuals the ability to remove discriminatory language from their deeds.

Michigan does not stand for hate; We need to take ownership of the role our state has played in the history of housing discrimination and make the changes needed to ensure every person can experience the pride of homeownership. Please help us honor the McGhees’ legacy and bring us one step closer to removing racism in our laws by contacting your state legislators and asking them to support these bills.