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Burlington Commission on Human Rights, 1964-1965

Iowa Law Review, "State Civil Rights Statute: Some Proposals" Page 1086

1086     IOWA LAW REVIEW     [Vol. 49

it difficult to bring themselves to change. The law provides such people with a crutch upon which they can rely in rationalizing to themselves and others their failure to discriminate. Similarly, legislation is desirable to assure that those who treat all persons equally do not suffer because they are unique or a minority. By assuring that all must conduct business by the same rule, pressure to discriminate that is put on those who do not do so will be substantially relieved.
   One last point should be noted as to the desirability of laws proscribing the exclusion or unequal treatment of racial, religious, and ethnic groups in housing, employment, and public accommodations. Legislation is the final and most impressive way of putting the community on record as supporting a particular principle or rule of conduct. People tend to disbelieve a modern society's dedication to principles it is unwilling to express in positive law. The rest of the world is greatly impressed by what our law says, as well as what we do. As a result, if our dedication to the fundamental principles of justice, the dignity of the individual, and equal opportunity for all are to be clearly understood and rendered unmistakable both at home and abroad, we should embody them in law.
   In conclusion, it may be stated that experience in this area, as elsewhere, is a great teacher. It indicates that "discrimination in [some] ... fields has been all but eradicated ... with the weight of public policy expressed in legislation."74 But it also demonstrates that "without the force of law to nourish it along, the right to equal treatment will develop slowly, if at all."75

III. ANTIDISCRIMINATION LEGISLATION AND THE CONSTITUTION

   The desirability of statutes prohibiting discrimination on the basis of race, religion, and ethnic background in such essentials as employment, housing, and public accommodations has been established. What about the authority of our state governments to enact laws of this sort? would legislation regulating business conduct in these areas so as to prohibit this kind of discriminatory action be constitutional? How far can such statutes go and yet remain consistent with the mandates of the fourteenth amendment that no state shall deprive any person of "liberty, or property without due process of law?"
   Rights of liberty and property are not absolute or limitless. When men live in an organized community their rights necessarily become
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74 Ibid. See also Survey Finds FH Laws Effective, reprinted from Trends In Housing, May-June 1962; Trends In Housing, Sept.-Oct. 1963, p.1.
75 Note, 74 HARV. L. REV, 526, 589 (1961).

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1086 IOWA LAW REVIEW [Vol. 49 it difficult to bring themselves to change. The law provides such people with a crutch upon which they can rely in rationalizing to themselves and others their failure to discriminate. Similarly, legislation is desirable to assure that those who treat all persons equally do not suffer because they are unique or a minority. By assuring that all must conduct business by the same rule, pressure to discriminate that is put on those who do not do so will be substantially relieved. One last point should be noted as to the desirability of laws proscribing the exclusion or unequal treatment of racial, religious, and ethnic groups in housing, employment, and public accommodations. Legislation is the final and most impressive way of putting the community on record as supporting a particular principle or rule of conduct. People tend to disbelieve a modern society's dedication to principles it is unwilling to express in positive law. The rest of the world is greatly impressed by what our law says, as well as what we do. As a result, if our dedication to the fundamental principles of justice, the dignity of the individual, and equal opportunity for all are to be clearly understood and rendered unmistakable both at home and abroad, we should embody them in law. In conclusion, it may be stated that experience in this area, as elsewhere, is a great teacher. It indicates that "discrimination in [some] ... fields has been all but eradicated ... with the weight of public policy expressed in legislation."74 But it also demonstrates that "without the force of law to nourish it along, the right to equal treatment will develop slowly, if at all."75 III. ANTIDISCRIMINATION LEGISLATION AND THE CONSTITUTION The desirability of statutes prohibiting discrimination on the basis of race, religion, and ethnic background in such essentials as employment, housing, and public accommodations has been established. What about the authority of our state governments to enact laws of this sort? would legislation regulating business conduct in these areas so as to prohibit this kind of discriminatory action be constitutional? How far can such statutes go and yet remain consistent with the mandates of the fourteenth amendment that no state shall deprive any person of "liberty, or property without due process of law?" Rights of liberty and property are not absolute or limitless. When men live in an organized community their rights necessarily become ________________________ 74 Ibid. See also Survey Finds FH Laws Effective, reprinted from Trends In Housing, May-June 1962; Trends In Housing, Sept.-Oct. 1963, p.1. 75 Note, 74 HARV. L. REV, 526, 589 (1961).