SHAARE TEFILA CONGREGATION ET AL.
v.
COBB ET AL.

U.S. | 1987-05-18
No. 85-2156
White, J., delivered the opinion for a unanimous Court.
481 U.S. 615 Supreme Court of the United States (1987) Caution
Also reported at: 95 L. Ed. 2d 594 · 107 S. Ct. 2019 · 1987 U.S. LEXIS 2053 · SCDB 1986-094
Cited by 70 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The Court held that Jews can state a claim under 42 U.S.C. § 1982 for racially motivated interference with property rights, even if not considered a distinct race by modern standards.


Facts & Procedural History

A synagogue was vandalized with anti-Semitic slogans. The Congregation sued, alleging violations of federal civil rights statutes and state common law…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
Justice White

Justice White delivered the opinion of the Court.

On November 2, 1982, the outside walls of the synagogue of the Shaare Tefila Congregation in Silver Spring, Maryland, were sprayed with red and black paint and with large anti-Semitic slogans, phrases, and symbols. A few months later, the Congregation and some individual members brought this suit in the Federal District Court, alleging that defendants’ desecration of the synagogue had violated 42 U.

S. C. §§1981, 1982, 1985(3) and the Maryland common law of trespass, nuisance, and intentional infliction of emotional distress. On defendants’ motion under Federal Rules of Civil Procedure 12(b)(1) and (6), the District Court dismissed all the claims. The Court of Appeals affirmed in all respects. 785 F. 2d 523 (CA4 1986). Petitioners petitioned for writ of certiorari. We granted the petition, 479 U. S. 812 (1986), and we now reverse the judgment of the Court of Appeals.

Section 1982 guarantees all citizens of the United States, “the same right ... as is enjoyed by white citizens ... to inherit, purchase, lease, sell, hold, and convey real and personal property.” The section forbids both official and private racially discriminatory interference with property rights, Jones v. Alfred, H. Mayer Co., 392 U. S. 409 (1968).

Petitioners’ allegation was that they were deprived of the right to hold property in violation of § 1982 because the defendants were motivated by racial prejudice. They unsuccessfully argued in the District Court and Court of Appeals that Jews are not a racially distinct group, but that defendants’ conduct is actionable because they viewed Jews as racially distinct and were motivated by racial prejudice. The Court of Appeals held that § 1982 was not “intended to apply to situations in which a plaintiff is not a member of a racially distinct group but is merely perceived to be so by defendants.” 785 F. 2d, at 526 (emphasis in original).

The Court of Appeals believed that “[bjecause discrimination against Jews is not racial discrimination,” id., at 527, the District Court was correct in dismissing the § 1982 claim.

We agree with the Court of Appeals that a charge of racial discrimination within the meaning of § 1982 cannot be made out by alleging only that the defendants were motivated by racial animus; it is necessary as well to allege that defendants’ animus was directed towards the kind of group that Congress intended to protect when it passed the statute. To hold otherwise would unacceptably extend the reach of the statute.

We agree with petitioners, however, that the Court of Appeals erred in holding that Jews cannot state a § 1982 claim against other white defendants. That view rested on the notion that because Jews today are not thought to be members of a separate race, they cannot make out a claim of racial discrimination within the meaning of § 1982. That construction of the section we have today rejected in Saint Francis College v. Al-Khazraji, ante, p.

604. Our opinion in that case observed that definitions of race when § 1982 was passed were not the same as they are today, ante, at 609-613, and concluded that the section was “intended to protect from discrimination identifiable classes of persons who are subjected to intentional discrimination solely because of their ancestry or ethnic characteristics.” Ante, at 613. As Saint Francis makes clear, the question before us is not whether Jews are considered to be a separate race by today’s standards, but whether, at the time § 1982 was adopted, Jews constituted a group of people that Congress intended to protect. It is evident from the legislative history of the section reviewed in Saint Francis College, a review that we need not repeat here, that Jews and Arabs were among the peoples then considered to be distinct races and hence within the protection of the statute. Jews are not foreclosed from stating a cause of action against other members of what today is considered to be part of the Caucasian race.

The judgment of the Court of Appeals is therefore reversed, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (21 total)

  • Joseph v. State, 636 So. 2d 777 (Fla. 3d DCA 1994)
    …, 1087 n. 2 (Fla. 3d DCA 1992) (en banc) (Phillip Hubbart, J., concurring) (“Jewish Americans might also qualify for Neil protection as a protected religious group.”), approved, 616 So. 2d 452 (Fla.1993); see also Shaare Tefila Congregation v. Cobb, 481 U.S. 615, 107 S.Ct. 2019, 95 L.Ed.2d 594 [*781] (1987) (holding that Jews are a protected group under 42 U.S.C. § 1982); Bachman v. St. Monica’s Congregation, 902 F. 2d 1259 (7th Cir.1990) (holding that Jews are a “race” for purposes of 42 U.S.C. §§ 1981, 19…
    1 / 2
  • Patterson v. McLean Credit Union, 491 U.S. 164 (U.S. 1989)
    …42 U. S. C. § 1982 similarly applies to private discrimination in the sale or rental of real or personal property — a holding arrived at through an analysis of legislative history common to both § 1981 and § 1982. Shaare Tefila Congregation v. Cobb, 481 U. S. 615 (1987); Sullivan v. Little Hunting Park, Inc., 396 U. S. 229 (1969). The Court’s reaffirmation of this long and consistent line of precedents establishing that § 1981 encompasses private discrimination is based upon its belated decision to adhere t…
    1 / 2
  • Jett v. Dallas Indep. Sch. Dist., 491 U.S. 701 (U.S. 1989)
    …U. S. 273 (1976); Delaware State College v. Ricks, 449 U. S. 250 (1980); General Building Contractors Assn., Inc. v. Pennsylvania, 458 U. S. 375 (1982); Saint Francis College v. Al-Khazraji, 481 U. S. 604 (1987); Shaare Tefila Congregation v. Cobb, 481 U. S. 615 (1987); Goodman v. Lukens Steel Co., 482 U. S. 656 (1987); Patterson v. McLean Credit Union, ante, p. 164. An essential aspect of the holding in each of these cases was the principle that a person injured by a violation of § 1 of the 1866 Act (now…

Previewing 3 of 21 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw