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DELEGATE MITCHELL: Mr. President and fellow
delegates, this minority report is submitted by delegates
Bennett, Bothe, Burdette, Hardwicke, Taylor and Willoner.
We have agreed to the amendment of the minority
report language which we originally suggested in R&P-1(D),
which was identical to the commission draft.
The commission draft reads "No person shall be
deprived of life, liberty or property without due process
of law or be denied the equal protection of the laws or
be subject to discrimination by law or other governmental
action because of race, color, religion or national
origin. "
The commission draft then proposed to add an
anti-discrimination clause to the 14th Amendment language
because we found upon questioning some of the commission
members some confusion as to what governmental action means.
We felt that it would be wisest to substitute for the
words on line 14 or rather the words "by law or other
governmental action", "by. the state", the words "by the
state", because that language carries with it a long I'Lne
of decisions interpreting what is state action, and we