34-27-5. Racial discrimination in cemetery as petty offense--Restrictive covenants void--Immunity from liability for damages. It is a petty offense for any organization subject to the provisions of chapter 55-12 to deny the privilege of interment of the remains of any deceased person in any cemetery described in § 55-12-1 solely because of the race or color of such deceased person. Any contract, agreement, deed, covenant, restriction, or charter provision at any time entered into, or bylaw, rule, or regulation adopted or put in force, either subsequent or prior to the effective date of this chapter, authorizing, permitting, or requiring any organization subject to the provisions of chapter 55-12 to deny such privilege of interment because of race or color of such deceased person is hereby declared to be null and void and in conflict with the public policy of this state. No organization subject to the provisions of chapter 55-12 or any director, officer, agent, employee, or trustee thereof or therefor, shall be liable for damages or other relief, or be subjected to any action in any court otherwise having jurisdiction in the premises by reason of refusing to commit any act prohibited by this section.
Source: SL 1955, ch 97, §§ 8, 9; SDC Supp 1960, §§ 11.19A08, 11.9902; SL 1977, ch 190, § 71.
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