The Rule in Shelley's Cases

[Michael McConnell]

Thanks to Michael Masinter for his informative post about anti-child
restrictive covenants. I was unaware of that this phenomenon, which
is common among apartments and condominiums, had extended to fee
simple property.

So it is necessary to address the merits--the reasonableness--of
these covenants. As for me, as the father of three children, I have
absolutely no objection in principle or in practicality to the
creation of subdivisions or condominium associations for the benefit
of people without children. This is not a form of invidious
discrimination and it does not appreciably limit the availability of
housing for anyone. It is a way of enabling those (typically the
elderly) who choose a peaceful, quiet neighborhood. Much as I love my
children, I cannot deny that they impose negative externalities. On
the contrary, to limit the ability of elderly people to live in child-
free environments strikes me as unreasonable and tyrannical.-- Michael McConnell (U of Utah)