Also known as:colors · colored · coloring · colorable · colorably · colour · color of law · color of title
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
in constitutional law
The racial or ethnic characteristic of a person. The Fifteenth Amendment prohibits denial or abridgment of the right to vote on account of race, color, or previous condition of servitude.
2
in property law
A hue or shade used in painting or design. Common-interest community associations lack power to restrict colors on individually owned property unless the declaration or statute authorizes the restriction.
Each sense below has its own examples, sources, and questions.
Sense 1
1
in constitutional law
The racial or ethnic characteristic of a person. The Fifteenth Amendment prohibits denial or abridgment of the right to vote on account of race, color, or previous condition of servitude.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Constitution
Examples
Sense 2
2
in property law
A hue or shade used in painting or design. Common-interest community associations lack power to restrict colors on individually owned property unless the declaration or statute authorizes the restriction.
Sources & Authorities· 1 source
Select any source to read its text and confirm it supports the definition.
State officials refuse to register Catherine Carter because her skin color matches a disfavored racial group. The Fifteenth Amendment directly bars the denial. Carter obtains an injunction restoring her registration and votes in the next election.
Court Enforcement of Covenant
Homeowners sue to enforce a recorded covenant barring sale to persons of a particular color. The trial court issues an injunction. The Supreme Court reverses because judicial enforcement constitutes state action violating the Fourteenth Amendment.
Shelley v. Kraemer334 U.S. 1 (1948)
Racial Thinking in Opinion
A justice notes that personal experiences color views on a constitutional issue involving race. The observation underscores that subjective perspectives must yield to objective legal standards when deciding equal-protection claims.
Roe v. Wade410 U.S. 113 (1973)
School Segregation by Color
A school board assigns students to buildings solely according to color. Parents challenge the policy. The Supreme Court holds that separate facilities are inherently unequal and orders desegregation.
Brown v. Board of Education [*Brown I*]347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954)
Agents Acting Under Color
Federal officers enter an apartment without a warrant while purporting to exercise official authority. The occupant sues for damages. The Court recognizes a cause of action for violation of constitutional rights committed under color of federal authority.
Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971)
Frequently Asked2
Does the Fifteenth Amendment protect against denial of voting rights on the basis of color?+
Yes. The amendment expressly forbids the United States or any state from denying or abridging the right to vote on account of race, color, or previous condition of servitude.
Supporting sources
What does judicial enforcement of a racially restrictive covenant constitute?+
It constitutes state action that violates the Fourteenth Amendment even though the covenant itself is a private agreement.
Supporting sources
Examples1
HOA Color Restriction Invalid
Crestview Holdings adopts a rule limiting house paint to three approved shades. The declaration contains no design controls. Owners paint their homes in other colors without penalty because the association lacks authority to impose the restriction.
Frequently Asked1
May a homeowners association restrict paint colors on individually owned lots?+
Generally no. The Restatement provides that a common-interest community may not impose restrictions on colors unless a statute or the declaration authorizes the restriction.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…and family and their values, and the moral standards one establishes and seeks to observe, are all likely to influence and to color one's thinking and conclusions about abortion. In addition, the normal 266-day human gestation period is so short that the pregnancy will come to term before the usual appellate process is…