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Burlington Commission on Human Rights, 1964-1965

Iowa Law Review, "State Civil Rights Statute: Some Proposals" Page 1105

1964]     STATE CIVIL RIGHTS STATUTES     1105

volve, and indeed makes unnecessary, any actual denial of service to such persons.
   The previous of selection III proscribe discrimination against minority groups in the rental and sale of all real property. In addition to housing, this section covers store and other commercials pace and vacant land. Discrimination in the rental or sale of commercials pace is prohibited because it unquestionably happens the ability of minority groups to make a living. Vacant land is included because proscriptions against discrimination in housing and commercial space cannot be effective if discrimination in the sale or leasing of the land upon which such structures are built is not eliminate. "Discriminatory" advertising is prohibited here for the same reasons that such a proscription appears in the public accommodations section of the act.
   Section IV of the proposed act contains three exemptions from the "public accommodations" and "housing" sections. The exemption in favor of "bona fide religious institutions" seems obvious. It is an effort to safeguard their rights to the  free exercise of religion.135 Consequently, in this situation there is an unusually substantial interest that demands an exemption from the act for a type of establishment that may otherwise be covered. But because the exemption is grounded on an effort to accord due weight to religious freedom, it goes no further than that. The provision exempts "bona fide religious institutions" that otherwise come within the act's coverage only if the "qualifications based on religion" that they utilize are found to be "related to a bona fide religious purpose."
   Transient and nontransient housing are excepted from the act in two situations. Where an individual rents less than six rooms in the home where he or a member of his family resides, a rational accommodation between society's interest in equal opportunity and freedom of association dictate that he be permitted to choose tenants on any basis he sees fit. In this situation, the equities are strongly biased in favor of our interest in freedom of association because of the unusual intimacy involved in opening the sanctity of one's home to others.135a The second situation in which housing is exempted from the act rests upon the same notion. When an individual rents the other half of the two family home or duplex in which he lives, he will not only seek a
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135 See note 103 supra. This exemption is probably constitutionally compelled. Compare Sherbert v. Verner, 374 U.S. 398 (1963), 49 IOWA L. REV. 952 (1964), with Braunfeld, v. Brown, 366 U.S. 599 (1961), and Gallagher v. Crown Kosher Super Market, 366 U.S. 617 (1961). Almost all states have some sort of a specific exemption from their antidiscrimination laws for religious institutions.
135a It should be noted that this is exactly the same exemption as that provided in the public accommodations provision of the proposed Federal Civil Rights Act of 1963. See H.R. 7152, 88th Cong., 2d Ses., tit. 11, 201(1) (1964).

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1964] STATE CIVIL RIGHTS STATUTES 1105 volve, and indeed makes unnecessary, any actual denial of service to such persons. The previous of selection III proscribe discrimination against minority groups in the rental and sale of all real property. In addition to housing, this section covers store and other commercials pace and vacant land. Discrimination in the rental or sale of commercials pace is prohibited because it unquestionably happens the ability of minority groups to make a living. Vacant land is included because proscriptions against discrimination in housing and commercial space cannot be effective if discrimination in the sale or leasing of the land upon which such structures are built is not eliminate. "Discriminatory" advertising is prohibited here for the same reasons that such a proscription appears in the public accommodations section of the act. Section IV of the proposed act contains three exemptions from the "public accommodations" and "housing" sections. The exemption in favor of "bona fide religious institutions" seems obvious. It is an effort to safeguard their rights to the free exercise of religion.135 Consequently, in this situation there is an unusually substantial interest that demands an exemption from the act for a type of establishment that may otherwise be covered. But because the exemption is grounded on an effort to accord due weight to religious freedom, it goes no further than that. The provision exempts "bona fide religious institutions" that otherwise come within the act's coverage only if the "qualifications based on religion" that they utilize are found to be "related to a bona fide religious purpose." Transient and nontransient housing are excepted from the act in two situations. Where an individual rents less than six rooms in the home where he or a member of his family resides, a rational accommodation between society's interest in equal opportunity and freedom of association dictate that he be permitted to choose tenants on any basis he sees fit. In this situation, the equities are strongly biased in favor of our interest in freedom of association because of the unusual intimacy involved in opening the sanctity of one's home to others.135a The second situation in which housing is exempted from the act rests upon the same notion. When an individual rents the other half of the two family home or duplex in which he lives, he will not only seek a ________________________ 135 See note 103 supra. This exemption is probably constitutionally compelled. Compare Sherbert v. Verner, 374 U.S. 398 (1963), 49 IOWA L. REV. 952 (1964), with Braunfeld, v. Brown, 366 U.S. 599 (1961), and Gallagher v. Crown Kosher Super Market, 366 U.S. 617 (1961). Almost all states have some sort of a specific exemption from their antidiscrimination laws for religious institutions. 135a It should be noted that this is exactly the same exemption as that provided in the public accommodations provision of the proposed Federal Civil Rights Act of 1963. See H.R. 7152, 88th Cong., 2d Ses., tit. 11, 201(1) (1964).