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Burlington Commission on Human Rights, 1964-1965

Iowa Law Review, "State Civil Rights Statute: Some Proposals" Page 1067

Reprinted from the Iowa Law Review, Summer, 1964, Vol. 49, No. 4

STATE CIVIL RIGHTS STATUTES: SOME PROPOSALS

Arthur Earl Bonfield*

     In this article Professor Bonfield deals with state laws barring discrimination on the basis of race, religion, or ethnic background in public accommodations, housing, and employment. The author starts with a discussion of the "second class" treatment accorded many persons in this country solely because of their race. He suggests that such treatment should be prohibited by the government in a variety of situations because it is highly injurious to society at large as well as to the members of such a minority group. Professor Bonfield explores the capacity of laws to eradicate racial, religious, or ethnic discrimination in these situations, the desirability of enacting such provisions, and their constitutionality. He analyzes Iowa's current civil rights statutes and proposes new provisions to deal with discrimination in public accommodations, housing, and employment. After discussing appropriate techniques for enforcing such statutes, the author explores the authority of Iowa cities and towns to enact such laws if the legislature should fail to do so. While this Article is Iowa oriented, it has national significance and should be very useful to citizens of any state who desire to improve their antidiscrimination statutes.

I. THE PROBLEM

   In 1960 the population of the United States was about 180,000,000. Almost 11 per cent or 20,000,000 of these people were nonwhites.1 Nearly 19,000,000 of these nonwhites were Negroes--half of which lived outside the 11 states of the Confederacy. One northern state-- New York--had a larger Negro population than any southern state, and five northern cities had larger Negro populations than any city in the South.2 This is because there has been a vast migration of Negroes from the South to the North, Midwest, and the Far West in the last generation;3 and the end is not in sight. Today Negroes and other nonwhites live and work in almost all parts of our country.
   The disparity between the opportunities accorded whites and nonwhites in the United States is less today than it has ever been; but
_________________________
* Assistant Professor, College of Law, State University of Iowa. B.A. Brooklyn College; LL.B., Yale Law School; LL.M., Yale Law School.
1 U.S. BUREAU OF THE CENSUS, THE U.S. DEP'T OF COMMERCE, STATISTICAL ABSTRACT OF THE UNITED STATES 29 (83 d ed. 1962).
2 UNITED STATES COMMISSION ON CIVIL RIGHTS REPORT, VOTING 12 (1961).
3 U.S. BUREAU OF THE CENSUS, U.S. DEP'T OF COMMERCE, STATISTICAL ABSTRACT OF THE UNITED STATES 30 (83d ed. 1962).

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Reprinted from the Iowa Law Review, Summer, 1964, Vol. 49, No. 4 STATE CIVIL RIGHTS STATUTES: SOME PROPOSALS Arthur Earl Bonfield* In this article Professor Bonfield deals with state laws barring discrimination on the basis of race, religion, or ethnic background in public accommodations, housing, and employment. The author starts with a discussion of the "second class" treatment accorded many persons in this country solely because of their race. He suggests that such treatment should be prohibited by the government in a variety of situations because it is highly injurious to society at large as well as to the members of such a minority group. Professor Bonfield explores the capacity of laws to eradicate racial, religious, or ethnic discrimination in these situations, the desirability of enacting such provisions, and their constitutionality. He analyzes Iowa's current civil rights statutes and proposes new provisions to deal with discrimination in public accommodations, housing, and employment. After discussing appropriate techniques for enforcing such statutes, the author explores the authority of Iowa cities and towns to enact such laws if the legislature should fail to do so. While this Article is Iowa oriented, it has national significance and should be very useful to citizens of any state who desire to improve their antidiscrimination statutes. I. THE PROBLEM In 1960 the population of the United States was about 180,000,000. Almost 11 per cent or 20,000,000 of these people were nonwhites.1 Nearly 19,000,000 of these nonwhites were Negroes--half of which lived outside the 11 states of the Confederacy. One northern state-- New York--had a larger Negro population than any southern state, and five northern cities had larger Negro populations than any city in the South.2 This is because there has been a vast migration of Negroes from the South to the North, Midwest, and the Far West in the last generation;3 and the end is not in sight. Today Negroes and other nonwhites live and work in almost all parts of our country. The disparity between the opportunities accorded whites and nonwhites in the United States is less today than it has ever been; but _________________________ * Assistant Professor, College of Law, State University of Iowa. B.A. Brooklyn College; LL.B., Yale Law School; LL.M., Yale Law School. 1 U.S. BUREAU OF THE CENSUS, THE U.S. DEP'T OF COMMERCE, STATISTICAL ABSTRACT OF THE UNITED STATES 29 (83 d ed. 1962). 2 UNITED STATES COMMISSION ON CIVIL RIGHTS REPORT, VOTING 12 (1961). 3 U.S. BUREAU OF THE CENSUS, U.S. DEP'T OF COMMERCE, STATISTICAL ABSTRACT OF THE UNITED STATES 30 (83d ed. 1962). 1067