A defeat for discrimination

Last week was historic for the United States in the fight against discrimination, with growing rejection of the Confederate flag and the U.S. Supreme Court’s decision on gay marriage. To that we should add another less publicized Supreme Court ruling that is no less important. It said that when it comes to housing, discrimination doesn’t have to be intentional in order to be illegal.

This is a key decision that interprets the Fair Housing Act of 1968 in favor of minorities, allowing them to file lawsuits for discrimination without it having to be deliberate. Justice Anthony Kennedy, writing for the majority in the 5-4 vote, mentioned “unconscious prejudices and disguised animus” in defending this aspect of the law against segregation.
The case involves a controversial policy of the Texas Department of Housing and Community Affairs, which manages housing projects for low-income residents. The federal government grants tax credits to encourage developers to build this type of housing. The lawsuit arose from the state agency’s decision to build homes in the city’s poorest areas instead of throughout the community.
Faced with complaints that this policy created de facto segregation because it located, in this case, housing for African Americans in poor areas where the majority of African Americans live, Texas said it was doing it for several reasons and requested proof of its intent to discriminate.
The Supreme Court said that the latter isn’t necessary and that it is enough to show negative impact on minorities. The 1968 law is intended to promote racial integration, for example in a city, so that all its residents can progress and get ahead. Several studies have shown that crowding poor minorities in one area robs their young people of opportunities for a better education, hurts the tax base and creates de facto segregation.
The cancer of discrimination still lives among us. However, the Supreme Court took an important step to fight it, finding that “unconscious prejudices” are as harmful as openly discriminating against minorities.