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Burlington Commission on Human Rights, 1964-1965

Iowa Law Review, "State Civil Rights Statute: Some Proposals" Page 1080

1080     IOWA LAW REVIEW     [Vol. 49

   There is another reason why society suffers when a class of our citizens is arbitrarily denied equal opportunity. The community at large must shoulder the increased burden created by the exclusion of these people from available resources and facilities. Those who are denied an equal chance to develop their potentialities and sample the fruits of our society cannot be as self-sufficient or satisfied as other members of our polity. Unusually aggravated quantities of crime, disease, irresponsibility, welfare payments, and unrest are often the product of such an arbitrary denial of equal opportunity to a class of people. Iowa's Governor recognized this when he recently noted that "a large proportion of the cost of unemployment expenditures, aid to dependent children payments, law enforcement costs and other state health and welfare outlays are made necessary by prejudice."57
   One last point should be noted. Our whole nation suffers in the eyes of world opinion to the extent that any group is denied an equal opportunity to sample our bounty because of its members' race, religion, or national origin. Such discrimination imperils our successful conduct of foreign relations by seriously detracting from our image as the land of justice, equal opportunity, and democratic principles.58 Emerging nations in various parts of the world construe the discrimination that exists in this country in employment, housing, and public accommodations as evidence that we are really not as principled as we claim.

II. LEGISLATION AND DISCRIMINATION

   Prior discussion demonstrates that discrimination against the members of minority racial, religious, and ethnic groups in such essentials as housing, employment, and public accommodations is demonstrably injurious to both society at large and the maltreated individuals. Should the community, therefore, legislate against this evil? In order to properly answer this question, two inquiries must be pursued. First, to what extent is the law capable of dealing with the kinds of discrimination at issue? Second, to what extent is law a desirable tool with which to attempt the elimination of this evil? We will first consider the law's capacity.
   No law can effectively regulate the opinions men hold. Indeed, in a democracy the freedom to think as one pleases should be respected.59 But it does not follow that all behavior prompted by opinion must be tolerated by the community, or that society has no obligation to attempt the education of its members. Freedom to believe and freedom
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57 Iowa City Press-Citizen, July 13, 1963, p. 1, col. 8.
58 See Public Accommodations Hearings 294-98.
59 MacIver, Foreword to BERGER, EQUALITY BY STATUTE at vii-ix (1952).

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1080 IOWA LAW REVIEW [Vol. 49 There is another reason why society suffers when a class of our citizens is arbitrarily denied equal opportunity. The community at large must shoulder the increased burden created by the exclusion of these people from available resources and facilities. Those who are denied an equal chance to develop their potentialities and sample the fruits of our society cannot be as self-sufficient or satisfied as other members of our polity. Unusually aggravated quantities of crime, disease, irresponsibility, welfare payments, and unrest are often the product of such an arbitrary denial of equal opportunity to a class of people. Iowa's Governor recognized this when he recently noted that "a large proportion of the cost of unemployment expenditures, aid to dependent children payments, law enforcement costs and other state health and welfare outlays are made necessary by prejudice."57 One last point should be noted. Our whole nation suffers in the eyes of world opinion to the extent that any group is denied an equal opportunity to sample our bounty because of its members' race, religion, or national origin. Such discrimination imperils our successful conduct of foreign relations by seriously detracting from our image as the land of justice, equal opportunity, and democratic principles.58 Emerging nations in various parts of the world construe the discrimination that exists in this country in employment, housing, and public accommodations as evidence that we are really not as principled as we claim. II. LEGISLATION AND DISCRIMINATION Prior discussion demonstrates that discrimination against the members of minority racial, religious, and ethnic groups in such essentials as housing, employment, and public accommodations is demonstrably injurious to both society at large and the maltreated individuals. Should the community, therefore, legislate against this evil? In order to properly answer this question, two inquiries must be pursued. First, to what extent is the law capable of dealing with the kinds of discrimination at issue? Second, to what extent is law a desirable tool with which to attempt the elimination of this evil? We will first consider the law's capacity. No law can effectively regulate the opinions men hold. Indeed, in a democracy the freedom to think as one pleases should be respected.59 But it does not follow that all behavior prompted by opinion must be tolerated by the community, or that society has no obligation to attempt the education of its members. Freedom to believe and freedom _________________________ 57 Iowa City Press-Citizen, July 13, 1963, p. 1, col. 8. 58 See Public Accommodations Hearings 294-98. 59 MacIver, Foreword to BERGER, EQUALITY BY STATUTE at vii-ix (1952).