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Burlington Commission on Human Rights, 1964-1965

Iowa Law Review, "State Civil Rights Statute: Some Proposals" Page 1085

1964]  STATE CIVIL RIGHTS STATUTES  1085
educational programs to reduce the prejudice that lies behind acts of discrimination."71
A second reason why legislation is a desirable tool with which to eliminate the kind of discrimination under discussion is that education will never be one-hundred per cent effective. Education can go a long way towards ameliorating discrimination; it may even be a more disarable and lasting method of doing so over the long run. But there will almays be a substancial number of individuals who cannot be persuaded to discard their prejudice. They will continue to discriminate in their business conduct on the bais of race, religion, or ethnic background - if they can get away with it. For these people, legal proscriptions of this kind of injurious conduct will always be necessary. Antidiscrimination laws are therefore prerequisites to the elimination of the really hard-core discriminatory conduct.
There is another reason why legislation banning discrimination in housing, employment, and public accommodations is desirable. In this area, educational efforts unaccompanied by law are ineffective. Any educational solution to our problems must go hand-in-hand with statutes mandating public policy on the issue. The Des Moines Commission on Human Rights has commented that educational programs without the backing of law are not adequate to convince people of the folly and impropriety of their action: 
The experiences of the Commission and voluntary agencies working through strictly educational means point up this fact in bold relief. It is our considered opinion that education plus enforcement is required for effective elimination of discrimination. Education without enforcement tends to generate into pious platitudes while enforcement without education will, in the long run be ineffective.72
Similarly, the Governor's Commission on Civil Rights has recently commented that discrimination of the kind under discussion here "can be curbed by legislation and not otherwise. Pesuasion alone would not be effective to discourage discrimination. . . yet persuasion is effective when the legal duty has been defined."73 As a result, legislation is a prerequisite to any meaningful educational program directed at eliminating discrimination on the basis of rece, religion, or ethnic background, in housing, employment, or public accommodations. 
Legislation in this area is desirable for still other reasons. Many people would discountinue their discriminatory business practices if they could find a sufficient excuse. Some businessmen discriminate because of pressure from others, or because without a prod they find 
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71 Note, 36 TEMP. L.Q.515,546 n.290 (1963).
72 Des Moines Comm9n on Human Rights and Job Discrimination, A Documentary Study on Housing Discrimination 17, May 16, 1961.
73 Report for the Iowa Governor's Commission on Civil Rights on the Need for Fair Employment Legislation 3, Jan. 8, 1963.

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1964] STATE CIVIL RIGHTS STATUTES 1085 educational programs to reduce the prejudice that lies behind acts of discrimination."71 A second reason why legislation is a desirable tool with which to eliminate the kind of discrimination under discussion is that education will never be one-hundred per cent effective. Education can go a long way towards ameliorating discrimination; it may even be a more disarable and lasting method of doing so over the long run. But there will almays be a substancial number of individuals who cannot be persuaded to discard their prejudice. They will continue to discriminate in their business conduct on the bais of race, religion, or ethnic background - if they can get away with it. For these people, legal proscriptions of this kind of injurious conduct will always be necessary. Antidiscrimination laws are therefore prerequisites to the elimination of the really hard-core discriminatory conduct. There is another reason why legislation banning discrimination in housing, employment, and public accommodations is desirable. In this area, educational efforts unaccompanied by law are ineffective. Any educational solution to our problems must go hand-in-hand with statutes mandating public policy on the issue. The Des Moines Commission on Human Rights has commented that educational programs without the backing of law are not adequate to convince people of the folly and impropriety of their action: The experiences of the Commission and voluntary agencies working through strictly educational means point up this fact in bold relief. It is our considered opinion that education plus enforcement is required for effective elimination of discrimination. Education without enforcement tends to generate into pious platitudes while enforcement without education will, in the long run be ineffective.72 Similarly, the Governor's Commission on Civil Rights has recently commented that discrimination of the kind under discussion here "can be curbed by legislation and not otherwise. Pesuasion alone would not be effective to discourage discrimination. . . yet persuasion is effective when the legal duty has been defined."73 As a result, legislation is a prerequisite to any meaningful educational program directed at eliminating discrimination on the basis of rece, religion, or ethnic background, in housing, employment, or public accommodations. Legislation in this area is desirable for still other reasons. Many people would discountinue their discriminatory business practices if they could find a sufficient excuse. Some businessmen discriminate because of pressure from others, or because without a prod they find ______________ 71 Note, 36 TEMP. L.Q.515,546 n.290 (1963). 72 Des Moines Comm9n on Human Rights and Job Discrimination, A Documentary Study on Housing Discrimination 17, May 16, 1961. 73 Report for the Iowa Governor's Commission on Civil Rights on the Need for Fair Employment Legislation 3, Jan. 8, 1963.