The Buchanan v. Warley case held that which type of discrimination was not permissible, while which type was permissible?

• A. governmental discrimination was not permissible, private discrimination was
• B. private discrimination was not permissible, governmental discrimination was
• C. neither governmental nor private discrimination was permissible
• D. both governmental and private discrimination were permissible

Answer: (A)

Racially based government action in housing violates the Fourteenth Amendment, so it is not allowed. In Buchanan v. Warley, the Court struck down a city ordinance that forced racial segregation in where people could live, ruling that a state or local government cannot use its power to regulate occupancy to discriminate on the basis of race. The decision focuses on state action and due process/equal protection, showing that government-imposed segregation in housing is unconstitutional.

The ruling does not bar private discrimination in housing transactions; it leaves room for private discriminatory conduct by individuals or landlords under that era’s interpretation of the Constitution. That’s why the correct choice expresses that governmental discrimination is not permissible, while private discrimination was permissible under the ruling. Over time, later laws like the Fair Housing Act addressed private discrimination as well.