It would have been. It wouldn't have been enforced, however. If you look at the history of civil rights jurisprudence, in the South before 1960 there were a l

It would have been. It wouldn't have been enforced, however. If you look at the history of civil rights jurisprudence, in the South before 1960 there were a lot of laws that looked race-neutral. Their actual intent was to keep black people from voting, however. It didn't fool the Supreme Court. Software patents are just as illegal. But what actually happens?