the state constitution that would allow property owners to continue to
discriminate any way they pleased:
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.
(Noel and Cheng 2009)That 1964 voter initiative passed with a 65 percent majority, thus
nullifying the Rumford Act and “creating a California Constitutional right
to discriminate against members of racial minority groups” (Oppenheimer
2020: 118). In turn, Proposition 14 was struck down when the California
Supreme Court ruled it a violation of the Fourteenth Amendment,^2 and
thus unconstitutional (ibid.). In May 1967, the Supreme Court of the U.S.
affirmed that decision.
In Oppenheimer’s history of California’s anti-discrimination legislation,
he notes that the courts “acted with great courage, defying the will of the
voters, to protect minority rights” (ibid.: 118). This is a perfect example of
the concept of the tyranny of the majority. In the U.S. the founding fathers
anticipated such problems by writing the Bill of Rights, which protects
individuals even in the face of overwhelming public opinion.
Subsequent legislation (most notably the Civil Rights Act of 1968, often
referred to as the Fair Housing Act) extended protection to include a wider
range of discriminatory behaviors and protected classes.
The Office of Fair Housing and Equal Opportunity (FHEO)^3 has awebsite^4 where it describes its purpose as the office that administers and
enforces federal laws and establishes policies that make sure all
Americans have equal access to the housing of their choice. There are state
organizations which perform similar functions, dozens of non-profit civil-
rights organizations and a legion of fair housing advocates and activists
who are deeply involved in the pursuit of equal housing for all.
Actions based on race, color, national origin, religion, sex, familial
status or handicap that are specifically prohibited by law include the
following: