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that -the word "state" is a word which has been interpreted
because of the 14th Amendment language and has resulted
in a tremendous body of case law interpreting what state
action is.
THE CHAIRMAN: Delegate Hostetter.
DELEGATE HOSTRTTER: And discrimination by
the state, getting back to Delegate Sollins' question as
to whether or not it covers all of the instrumentalities
of the state, could also mean the same thing as other
governmental action. Is this not correct?
THE CHAIRMAN; Delegate Mitchell.
DELEGATE M.ITCHELL: Yes,but in the area of the
phrase "governmental action" per se, it does not have the
body of case law. The courts have said that this is
governmental action when it has a case before it, involving
denial of the equal protection of laws by the state, and
have used governmental action in some instances with the
word "state", but it is our opinion that the word "state"
as it is interpreted now, and as it will be interpreted
by the courts of this state and the General Assembly and
by the Federal courts and the Supreme Court, will involve