STATE OF NEW JERSEY CONSTITUTIONAL CONVENTION OF 1947
COMMITTEE ON RIGHTS, PRIVILEGES, AMENDMENTS AND MISCELLANEOUS PROVISIONS
Wednesday, July 9, 1947 (Afternoon session)
(The session began at 1:45 P. M.)
PRESENT: Carey, Delaney, Ferry, Glass, Katzenbach, Park, Pursel, Randolph, Stanger, Schenk and Taylor.
Chairman John F. Schenk presided.
CHAIRMAN JOHN F. SCHENK: It was requested that Mr. Eisenberg return after lunch and be available for further discussion. Do any of the committee members at this time have any further questions?
MR. FRANCIS A. STANGER, JR.: Just one more, if you please, Mr. Chairman. Mr. Eisenberg, did you reach any personal decision as to whether the word “color” should be included or omitted?
MR. JEROME C. EISENBERG: I think I arrived at the decision that the word “color” should be included. It was pointed out to me during lunch that black may be the absence of color, and to come to the question, as we said before, the easiest evasion of discrimination is to say you do not object to a man’s color but only to his race, etc. There is plenty of room for saying, therefore, that if you want to be perfectly safe, if you agree with the principle, there can’t be any real difference of opinion in having “color” as well as “race.”
MR. STANGER: You think it’s unnecessary to clarify the provision in the Constitution?
MR. EISENBERG: I wouldn’t go so far as to say it was unnecessary.
MR. STANGER: You think it is necessary?
MR. EISENBERG: Yes.
MR. STANGER: Do you think it’s necessary to insert a reference about persons having no religious belief?
MR. EISENBERG: I think that when you use religion or religious principles in the Constitution, they are substantially synonymous, and I think they would include the absence of religious beliefs to cover atheism.
MR. STANGER: Thank you very much, sir.
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