Ancient Egyptian Arabic Order of Nobles of the Mystic Shrine v. Michaux

Background

The dispute was between two fraternal groups that trace membership to separate white and Black masonic traditions. The white group had used the name, rituals, titles, emblems and regalia for decades. The Black group organized a similar order, incorporated under a federal law in 1901, and established local “temples” in Texas and elsewhere. In 1918 a local white temple sued in Texas to stop the Black group from using similar names, officer titles, constitution, emblems and regalia, and the action grew into a nationwide suit between the two national organizations. Texas courts found for the white group and entered a broad injunction stopping the Black group from using the contested names and symbols.

Reasoning

The Court examined whether the Texas decision denied the federal rights the Black group claimed from its incorporation and whether the white group’s delay in enforcing its claimed rights barred relief. The record showed no evidence that the Black group acted with fraudulent intent. Instead the white organization knew of the Black group’s imitative practices for many years, publicly mentioned the Black group’s existence, and in some cases members of the white group sold paraphernalia to Black lodges. The Court concluded that the white group had silently acquiesced for a long time and that this long delay prevented it from successfully seeking an injunction against the Black group.

Real world impact

Because the Court found the white group barred by long delay, the Texas injunction was reversed and the Black, incorporated order may continue using its name, emblems, and officer titles. The case was sent back to the state court for further proceedings consistent with the Court’s ruling.