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Burlington Commission on Human Rights, 1964-1965

Iowa Law Review, "State Civil Rights Statute: Some Proposals" Page 1078

1078     IOWA LAW REVIEW     [Vol. 49

to deprive minority group members of an equal chance to obtain suitable employment, housing, or access to places of public accommodation.49 As a result, the community must search its soul, as well as its intellect, in an effort to determine whether a prohibition of such private action is desirable. Any full consideration of the facts and principles involved can only produce an affirmative answer. The reasons for this are several.
   It is not enough to say that full membership in our society means that the individual is to have an equal voice in the control of his government and is to be treated impartially by it. Full-fledged membership must also assure the individual at least this: the right to enjoy the fruits and contribute to the progress of our society on equal terms with all other members. In this sense full membership must mean equal membership.
   This concept of equality is a vital part of the American heritage. "[T]he aspirations and achievements of each member of our society are to be limited only by ... [his] skills and energies .... We can tolerate no restrictions upon the individual which depend upon irrelevant factors such as his race, his color, ... [or] his religion."50 The foundation for this notion is the conscious American recognition of the basic moral and political principle "that all men are created equal"51 as well as free. Stemming from this precept is the "obligation to build social institutions that will guarantee equality of opportunity to all men,"52 regardless of their race, religion, or national origin. It is clear that not every person has "an equal talent, or an equal ability or equal motivation. But they should have the equal right to develop their talent and their ability and their motivation to make something of themselves."53 In a speech to the nation, President Kennedy summed up our problem in the following way:
     We are confronted ... with a moral issue..... The heart of the question is whether all Americans are to be afforded equal rights and equal opportunities; whether we are going to treat our fellow Americans as we want
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49 Note, however, that at common law some kinds of "public accommodations" could not discriminate against a person because of his race or religion. See Lane v. Cotton, 12 Mod. 472, 88 Eng. Rep, 1458 (1701).
50 THE REPORT OF THE PRESIDENT'S COMM. ON CIVIL RIGHTS, TO SECURE THESE RIGHTS 4 (1947).
51 The Declaration of Independence, July 4, 177. "We hold these truths to be self evident--that all men are created equal; that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness. That, to secure these rights, governments are instituted among men...." 1 CHAFEE, DOCUMENTS ON FUNDAMENTAL HUMAN RIGHTS 194 (1963).
52 PRESIDENT'S COMM. ON CIVIL RIGHTS, TO SECURE THESE RIGHTS 4 (1947).
53 New York Times, June 12, 1963, p. 6, col. 8 (speech of President John F. Kennedy, July 11, 1963).

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1078 IOWA LAW REVIEW [Vol. 49 to deprive minority group members of an equal chance to obtain suitable employment, housing, or access to places of public accommodation.49 As a result, the community must search its soul, as well as its intellect, in an effort to determine whether a prohibition of such private action is desirable. Any full consideration of the facts and principles involved can only produce an affirmative answer. The reasons for this are several. It is not enough to say that full membership in our society means that the individual is to have an equal voice in the control of his government and is to be treated impartially by it. Full-fledged membership must also assure the individual at least this: the right to enjoy the fruits and contribute to the progress of our society on equal terms with all other members. In this sense full membership must mean equal membership. This concept of equality is a vital part of the American heritage. "[T]he aspirations and achievements of each member of our society are to be limited only by ... [his] skills and energies .... We can tolerate no restrictions upon the individual which depend upon irrelevant factors such as his race, his color, ... [or] his religion."50 The foundation for this notion is the conscious American recognition of the basic moral and political principle "that all men are created equal"51 as well as free. Stemming from this precept is the "obligation to build social institutions that will guarantee equality of opportunity to all men,"52 regardless of their race, religion, or national origin. It is clear that not every person has "an equal talent, or an equal ability or equal motivation. But they should have the equal right to develop their talent and their ability and their motivation to make something of themselves."53 In a speech to the nation, President Kennedy summed up our problem in the following way: We are confronted ... with a moral issue..... The heart of the question is whether all Americans are to be afforded equal rights and equal opportunities; whether we are going to treat our fellow Americans as we want _________________________ 49 Note, however, that at common law some kinds of "public accommodations" could not discriminate against a person because of his race or religion. See Lane v. Cotton, 12 Mod. 472, 88 Eng. Rep, 1458 (1701). 50 THE REPORT OF THE PRESIDENT'S COMM. ON CIVIL RIGHTS, TO SECURE THESE RIGHTS 4 (1947). 51 The Declaration of Independence, July 4, 177. "We hold these truths to be self evident--that all men are created equal; that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness. That, to secure these rights, governments are instituted among men...." 1 CHAFEE, DOCUMENTS ON FUNDAMENTAL HUMAN RIGHTS 194 (1963). 52 PRESIDENT'S COMM. ON CIVIL RIGHTS, TO SECURE THESE RIGHTS 4 (1947). 53 New York Times, June 12, 1963, p. 6, col. 8 (speech of President John F. Kennedy, July 11, 1963).