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Burlington Commission on Human Rights, 1964-1965

Iowa Law Review, "State Civil Rights Statute: Some Proposals" Page 1095

1964]     STATE CIVIL RIGHTS STATUTES     1095

They have been repeatedly found to be rational classifications utilizable by the legislature.107 Of course, any other classification embodied in the precise coverage of antidiscrimination statutes must also be consistent with the strictures imposed by equal protection. But if such acts are carefully and sensibly framed in relation to the ends sought to be achieved and the relevant values sought to be balanced, they will not encounter any difficulty on that score.

IV. ANTIDISCRIMINATION LEGISLATION: SUBSTANTIVE PROVISIONS

    Both the desirability of antidiscrimination laws and the power of a state to enact them have been demonstrated. This being so, what should be the exact scope of the proscriptions embodied in such laws? Should they cover all landlords, employers, and businesses open to the public, or something less? Any effort to adequately answer this question requires a satisfactory reconciliation of our notion of equal opportunity with our concept of freedom of association. The reason for this is that the right to choose those with whom one will associate is probably the most cherished value with which the advancement of our notion of equal opportunity may seriously conflict.
   As a result, society's interest in permitting persons to freely choose those with whom they will associate or come in contact must be carefully balanced against its interest in equal opportunity in order to work an acceptable accommodation between them. Such an effort must assure that the potential friction between these values is minimized. At the same time their respective integrities must be guaranteed as far as possible. When an accommodation between these interests is reached that will best accomplish this result in public accommodations, housing, and employment, the kinds of statutes desirable in each of these areas will be apparent.

A. Public Accommodations and Housing108

In common with thirty other states, Iowa has a public accommoda-
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versally upheld. See, e.g., Railway Express agency v. New York, 336 U.S. 106 (1949), especially the case cited in Mr. Justice Jackson's concurring opinion.
107 See notes 88-96 supra.
108 For a discussion of housing discrimination and the various state laws dealing with housing discrimination, see generally GREENBERG, op. cit. supra note 68, at 275-312; UNITED STATES COMMISSION ON CIVIL RIGHTS REPORT, HOUSING (1961); U.S. HOUSING AND HOME FINANCE AGENCY, STATE STATUTES, AND LOCAL ORDINANCES AND RESOLUTIONS PROHIBITING DISCRIMINATION IN HOUSING AND URBAN RENEWAL OPERATIONS (1961); Bittker, The Case of the Checker-Board Ordinance: An Experiment in Race Relations, 71 YALE L.J 1387 (1962); Branscomb, An Analysis of Attempts to Prohibit Racial Discrimination in the Sale and Rental of Publicly Assisted

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1964] STATE CIVIL RIGHTS STATUTES 1095 They have been repeatedly found to be rational classifications utilizable by the legislature.107 Of course, any other classification embodied in the precise coverage of antidiscrimination statutes must also be consistent with the strictures imposed by equal protection. But if such acts are carefully and sensibly framed in relation to the ends sought to be achieved and the relevant values sought to be balanced, they will not encounter any difficulty on that score. IV. ANTIDISCRIMINATION LEGISLATION: SUBSTANTIVE PROVISIONS Both the desirability of antidiscrimination laws and the power of a state to enact them have been demonstrated. This being so, what should be the exact scope of the proscriptions embodied in such laws? Should they cover all landlords, employers, and businesses open to the public, or something less? Any effort to adequately answer this question requires a satisfactory reconciliation of our notion of equal opportunity with our concept of freedom of association. The reason for this is that the right to choose those with whom one will associate is probably the most cherished value with which the advancement of our notion of equal opportunity may seriously conflict. As a result, society's interest in permitting persons to freely choose those with whom they will associate or come in contact must be carefully balanced against its interest in equal opportunity in order to work an acceptable accommodation between them. Such an effort must assure that the potential friction between these values is minimized. At the same time their respective integrities must be guaranteed as far as possible. When an accommodation between these interests is reached that will best accomplish this result in public accommodations, housing, and employment, the kinds of statutes desirable in each of these areas will be apparent. A. Public Accommodations and Housing108 In common with thirty other states, Iowa has a public accommoda- _________________________ versally upheld. See, e.g., Railway Express agency v. New York, 336 U.S. 106 (1949), especially the case cited in Mr. Justice Jackson's concurring opinion. 107 See notes 88-96 supra. 108 For a discussion of housing discrimination and the various state laws dealing with housing discrimination, see generally GREENBERG, op. cit. supra note 68, at 275-312; UNITED STATES COMMISSION ON CIVIL RIGHTS REPORT, HOUSING (1961); U.S. HOUSING AND HOME FINANCE AGENCY, STATE STATUTES, AND LOCAL ORDINANCES AND RESOLUTIONS PROHIBITING DISCRIMINATION IN HOUSING AND URBAN RENEWAL OPERATIONS (1961); Bittker, The Case of the Checker-Board Ordinance: An Experiment in Race Relations, 71 YALE L.J 1387 (1962); Branscomb, An Analysis of Attempts to Prohibit Racial Discrimination in the Sale and Rental of Publicly Assisted