B. Rey Schauer

Benjamin Rey Schauer (May 9, 1891 - March 5, 1977) was an Associate Justice of the Supreme Court of California from December 18, 1942 to September 15, 1965.

Born in Santa Maria, California, Schauer received an A.B. from Occidental College in 1912, and read law to be admitted to the California State Bar in July, 1913.[1] He attended the University of Southern California Law School in 1916, and received a J.D. from Southwestern University School of Law, 1916.[1] He was in private practice from 1913 to 1927, also serving in the U.S. Naval Reserve, where he achieved the rank of Lieutenant Commander.[1]

Schauer was appointed by Governor C.C. Young as a judge on the Los Angeles Superior Court, where he served from August 4, 1927 to November 12, 1941. He was then a Presiding Justice of the California Court of Appeal, Second Appellate District, Division 3, from October 22, 1941 to December 17, 1942, when he entered into service as an Associate Justice of the California Supreme Court, where he remained for 23 years.[1] On the Supreme Court, Schauer was one of three Justices to join in dissenting from the holding in Perez v. Sharp,[2] in which the court held by a vote of 4 to 3 that interracial bans on marriage violated the Fourteenth Amendment to the United States Constitution and therefore were illegal in California.[3]

One month later, Schauer wrote the majority opinion in Hughes v. Superior Court,[4] holding that protesters were making an illegal demand when they sought to have businesses hire employees based on race, solely to achieve a racial balance proportional to that of the patronage of the business.[5]

References

  1. 1 2 3 4 California Courts, Benjamin Rey Schauer.
  2. ↑ 198 P.2d 17 (Cal. 1948) (en banc).
  3. ↑ Rose Cuison Villazor and Kevin Noble Maillard, Loving v. Virginia in a Post-Racial World: Rethinking Race, Sex, and Marriage (2012), p. 78.
  4. ↑ 32 Cal. 2d 850 (Cal. 2010).
  5. ↑ Mark Brilliant, The Color of America Has Changed: How Racial Diversity Shaped Civil Rights Reform in California, 1941-1978 (2010), p. 121.

External links

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