dissenting opn. of Harlan, J.
How later courts described this case
- dissenting opn. of Harlan, J.
Written by the judges who cited it.
Distinguished
Distinguished by Heath v. City of New Orleans, 320 F. Supp. 545 (1970)
Reitman is clearly distinguishable from the' ease at bar.
The opinion
McCOMB, J.
I concur with the views expressed by Mr. Justice White in his dissenting opinion.
The people of California, under the legislative power reserved to them (Cal. Const., art. IV, § l) 1 have, by enacting section 26 of article I, guaranteed to all persons, regardless of race, color or religion, equal rights in their property.
Every person, regardless of his race, color or religion, as an incident of the right to own, possess and enjoy real property, has the right to sell or lease, or to decline to sell or lease, his property to anyone regardless of the race, color or religion of the person with whom he is dealing.
Unless we are to become a socialistic state in which the people have only limited, if any, rights to privately own, possess, enjoy and/or dispose of property, real or personal, the proposed decision is obnoxious to our basic form of government.
The people of California, by enacting section 26, article I, of the Constitution, have made it altogether clear that they wish to retain the right to own, possess and enjoy private ownership of property.
By its decision, our court has effectively nullified the will of the people, from whom it derives its power.
I completely disagree with the majority that the subject enactment encourages discriminatory conduct. To me, section 26 is a restatement of a fundamental principle that all property owners have a right to enjoy or to dispose of their *560 property in any lawful manner, in their absolute ’discretion.
Respondents’ petition for a rehearing was denied June 8, 1966, and the opinion was modified to read as printed above. White, J., * sat in place of Mosk, J. MeComb, J., and White, J.,* were of the opinion that the petition should be granted.
Article IV, section 1, reads; "The legislative power of this State shall be vested in a Senate and Assembly which shall be designated 1 The Legislature of the State of California/ but the people reserve to themselves the power to propose laws and amendments to the Constitution, and to adopt or reject the same, at the polls independent of the Legislature, and also reserve the power, at their own option, to so adopt or reject any act, or section or part of any act, passed by the Legislature. ’9
Retired Associate Justice of the Supreme Court sitting under assignment by the Chairman of the Judicial Council.