The Color of Law

01The Genesis of Segregation

In the early 20th century, America was a nation still healing from the wounds of the Civil War and the abolition of slavery. However, beneath the surface, a new form of division was taking root, one that was more insidious and enduring. This was the era of racial segregation, a period marked by policies and practices that systematically marginalized African Americans, creating a divide that persists to this day. One of the most significant policies of this era was redlining. This discriminatory practice, employed by banks, insurance companies, and other institutions, involved refusing or limiting loans, mortgages, and insurance within specific geographic areas, particularly inner-city neighborhoods. These areas, predominantly inhabited by African Americans, were marked as high-risk and thus undesirable for investment. Redlining was not just a financial strategy; it was a tool of racial segregation, effectively confining African Americans to certain areas and limiting their economic opportunities. Alongside redlining, restrictive covenants played a crucial role in shaping the racial landscape of America. These contractual agreements prohibited the purchase, lease, or occupation of a property by a particular group of people, usually African Americans. These covenants were often included in the deed to a property, making them legally enforceable and further entrenching racial segregation. The Federal Housing Administration (FHA), established in 1934, played a pivotal role in exacerbating racial segregation. The FHA refused to insure mortgages in and near African-American neighborhoods, a policy that mirrored redlining. At the same time, it subsidized builders who were mass-producing entire subdivisions for whites, with the stipulation that none of the homes be sold to African Americans. This policy not only reinforced the physical segregation of neighborhoods but also contributed to the racial wealth gap. The concept of 'de jure' segregation, a form of segregation enforced by law, was another significant aspect of this era. This was in stark contrast to 'de facto' segregation, which occurs as a result of social circumstances, such as housing patterns. The government, at all levels, played a significant role in enforcing 'de jure' segregation, further institutionalizing racial division. The case of Shelley v. Kraemer in 1948, where the Supreme Court ruled that courts could not enforce racial covenants on real estate, was a landmark moment in the history of 'de jure' segregation. However, this ruling did not stop private individuals from continuing to uphold these covenants, leading to continued segregation. Public housing, initially intended to provide housing for working-class families of all races, soon became a tool for segregation. Separate projects were built for black and white families, often in areas that had previously been racially mixed. This policy further entrenched racial segregation, creating physical barriers that mirrored the social and economic ones. The GI Bill, while ostensibly providing benefits to veterans of all races, was administered in a way that largely excluded African Americans. This further contributed to the racial wealth gap, denying African American veterans the opportunities for economic advancement that their white counterparts enjoyed. These policies and practices laid the foundation for the racial segregation that continues to plague America today. They were not isolated incidents but part of a systematic, government-sanctioned effort to marginalize African Americans. The legacy of these policies is still evident in the racial disparities that exist in housing, education, and wealth. Understanding this history is crucial in addressing and rectifying these disparities. The genesis of segregation is a stark reminder of the enduring impact of discriminatory policies and the need for continued efforts towards racial equality.