MEMORANDUM OF JOSEPH L. BUSTARD DIVISION AGAINST DISCRIMINATION NEW JERSEY DEPARTMENT OF EDUCATION
Definition of Terms Pertinent to the Proposed Bill of Rights
When one is speaking of civil rights or framing a constitution, the expression “no discrimination on the basis of race, creed, color or national origin” receives constant usage. In recognition of complex problems that might develop over the meaning of race and color, and in order to be all inclusive, our national legislators wrote these words in the 15th Amendment to the Constitution of the United States, Section 1: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.”
The two words “race” and “color” in seriatim, have been challenged on the grounds that they are redundant. This is not the case. The word “race” is a generic term and consequently is much more inclusive than the word “color.” The ethnological definition of the word “race” (and that is the sense in which we mean it here) would read as follows: “a definition of mankind possessing constant traits transmissible by descent sufficient to characterize it as a distinct human type.”
“Color,” on the other hand, implies a relative degree of skin pigmentation. Within the Negro “race” there are many differences in skin color. Acts of discrimination and segregation often occur on the basis of a person’s skin color, its lightness or darkness, and not solely on the grounds of race. It is a known fact that dark-skinned Negroes are more frequent victims of discrimination than are light-skinned Negroes.
With the impending Fair Employment Practice Bills before Congress (S. 984-H. R. 2824) the words used are “race, religion, color, national origin or ancestry.” These words were decided upon after much consultation with scientists and experts.
The scientists indicated that “race” and “color” are not synonymous, since color signifies shadings and intermixtures not representative of race. If the term “race” only is used there is a danger of interpretation in the strictly anthropological sense which will not give protection to those not strictly members of a racial group. The terms suggested are as all-inclusive as possible without being repititive.
Similarly, the two words “religion” and “creed” are often used
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