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DELEGATE WILLONER: I think I
could speak on behalf of the minority.
THE CHAIRMAN: All right. Can you
make your explanation in one minute?
DELEGATE WILLONER: I think I could,
Mr. Chairman.
The report that was filed with the Minor-
ity Report uses the language of the draft,
and the report that supports that is es-
sentially reporting language of the draft.
We had difficulty with that language be-
cause nobody did know what it meant. We
do state it because that is exactly what
the courts have said is the area discrimina-
tion is protected against, and that is all it
says. It is the state action as interpreted
by the Supreme Court and other federal
courts, and so that there is not any mis-
understanding despite what some delegates
have said, we had no constitutional lawyer
comment that they did not understand
what state action meant.
THE CHAIRMAN: Very well.
Would you ring the quorum bell?
The question arises on the adoption of
Amendment No. 3. This does not include
Delegate Storm's amendment adding the
word "sex". That will be submitted to you
afterwards if this amendment passes.
At the present time, the question arises
on the adoption of Amendment No. 3, as
presented; a vote Aye is a vote in favor of
the amendment; a vote No is a vote against.
Cast your votes.
Has every delegate voted ? Does any
delegate desire to change his vote?
(There was no response.)
The Clerk will record the vote.
There being 100 votes in the affirmative
and 20 in the negative, the motion is car-
ried. Amendment No. 3 is adopted.
Do you now desire to offer your amend-
ment, Delegate Storm?
DELEGATE STORM: Yes.
THE CHAIRMAN: The pages have al-
ready distributed ZE.
THE CHAIRMAN: Will you please mark
the amendment ZE as Amendment No. 4.
Strike out the words "to Amendment No.
3", and make these corrections in the text:
On page 2 of the recommendation in line
31 at the end of section 3 as amended by
amendment 3 and strike out the words
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"one of the amendment" in lines six and
seven.
I will give that to you again. On page 2
of the recommendation in line 31 at the
end of section 3 as amended by Amend-
ment No. 3, and then strike out the printed
words "of one of the amendment" in lines
six and 7.
The Clerk will read the amendment as
modified.
READING CLERK: On page 2 of the
recommendation in line 31, at the end of
section 3 as amended by Amendment No. 3,
strike out the words "or national origin"
and insert in lieu thereof "national origin,
or sex".
THE CHAIRMAN: The amendment has
been submitted by Delegate Storm. Is there
a second ?
Delegate Stern, do you second?
DELEGATE STERN: I rise to second.
THE CHAIRMAN: The amendment has
been seconded by Delegate Stern. The Chair
recognizes Delegate Storm.
DELEGATE STORM: Mr. Chairman, we
had a rather peculiar vote last time, be-
cause I felt the Committee Recommendation
really was an excellent one, when considered
with the language on page 9, I think, of
their report and memorandum.
However, I voted against their recom-
mendation because I felt the psychological
advantage of having these words in the
constitution was a tremendous one and an
important one, and had been recognized by
the Constitutional Convention Commission.
I am afraid that we have been a little
restricted by adopting that amendment, and
I voted for it even so. But now, since we
have been, I think, a little restricted, I
would like to broaden the language and
include "sex".
I think sex was included as a non-dis-
criminatory feature under the original
Committee proposal, and I ask all of you
who voted with me on Amendment No. 3 to
please vote with me on this one the same
way.
I think we have been a little restricted.
We did so to provide the psychological ad-
vantage. Let us put sex in there.
Thank you, Mr. Chairman.
THE CHAIRMAN: Delegate Storm.
DELEGATE STORM: I also thank you
for letting me put this amendment in this
way.
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