2004 Alabama Amendment 2

2004 Alabama Amendment 2 was a proposed amendment to the Alabama Constitution of 1901 to repeal the defunct requirement of racial segregation in schools, the defunct poll tax to vote, and a declaration that there was no right to a publicly funded education in Alabama. The amendment was narrowly defeated, with 49.93 percent of the votes in favor, and 50.07 against.

2004 Alabama Amendment 2

November 2, 2004
Proposing an amendment to the Constitution of Alabama of 1901, to repeal portions of Section 256 and Amendment 111 relating to separation of schools by race and repeal portions of Amendment 111 concerning constitutional construction against the right to education, and to repeal Section 259, Amendment 90, and Amendment 109 relating to the poll tax. (Proposed by Act 2003-203)
Results
Choice Votes % Yes 689,450 49.93% No 691,300 50.07%
Results by county
Yes   50-60%   60-70%   70-80% No   50-60%   60-70%   70-80%

Background

HB587, which became Act 2003–203, placed the measure on the ballot. The bill was passed 91 to 0 in the State House, and 29 to 0 in the State Senate.^[1]

The amendment initially only contained language repealing defunct provisions of Alabama's constitution related to school segregation and poll taxes; Support for removing these clauses was widespread. However, a new part was later added to the measure; it would repeal a 1956 clause saying that there was not a right to a publicly funded education in the state of Alabama, a provision adopted following Brown v. Board of Education.^[2]

Viewpoints

Support

Governor Bob Riley was in favor of the amendment, believing that if it passed, Alabama's image would be enhanced. Before the results were finalized, Riley said that if the amendment were to fail, he would create a new amendment leaving out a portion that was criticized by Roy Moore and those in opposition to the measure. "We'll give the people a chance to vote again."^[3] Riley also felt that those in opposition were incorrect in claiming that courts would have the ability to force the state to raise public school taxes.^[2]

Former governor Don Siegelman also backed the amendment, believing it to be important for the national image of Alabama and future economic development. Siegelman, like Bob Riley, argued that opponents were incorrect in thinking that courts would have the authority to force Alabama to raise public school taxes.^[2]

Opposition

Former chief justice of the Supreme Court of Alabama Roy Moore opposed the amendment, claiming that a part of the amendment could be used by a federal court in order to increase public education taxes.^[3] He described the amendment as "a wolf in sheep's clothing" that would lessen the ability of parents to control their children's education.^[2]

Results

The measure was defeated by less than 2,000 votes, leaving the segregation, poll tax, and publicly funded education clauses still on the books.^[4]

County	Yes		No
	#	%	#	%
Autauga	6,959	45.9	8,204	54.1
Baldwin	29,118	55.1	23,773	44.9
Barbour	3,344	52.3	3,047	47.7
Bibb	2,081	33.4	4,146	66.6
Blount	5,497	32.1	11,615	67.9
Bullock	1,296	58.1	933	41.9
Butler	3,010	52.2	2,750	47.8
Calhoun	16,284	46.7	18,572	53.3
Chambers	4,641	54.7	3,845	45.3
Cherokee	2,323	37.7	3,848	62.3
Chilton	4,932	38.4	7,919	61.6
Choctaw	2,252	50.5	2,210	49.5
Clarke	4,007	55.9	3,159	44.1
Clay	1,727	36.6	2,990	63.4
Cleburne	1,628	44.2	2,051	55.8
Coffee	6,410	52.0	5,930	48.0
Colbert	8,145	49.8	8,166	50.2
Conecuh	2,000	57.4	1,471	42.6
Coosa	1,521	42.1	2,090	57.9
Covington	4,880	50.7	4,744	49.3
Crenshaw	1,697	49.0	1,769	51.0
Cullman	9,687	34.9	18,105	65.1
Dale	6,175	45.8	7,314	54.2
Dallas	6,063	51.4	5,744	48.6
DeKalb	5,591	39.0	8,731	61.0
Elmore	9,551	43.7	12,290	56.3
Escambia	3,638	51.1	3,480	48.9
Etowah	12,802	38.8	20,182	61.2
Fayette	1,915	31.4	4,161	68.6
Franklin	2,810	36.2	4,965	63.8
Geneva	2,929	42.5	3,960	57.5
Greene	2,188	71.2	897	28.8
Hale	2,452	45.5	2,982	54.5
Henry	2,164	48.6	2,289	51.4
Houston	12,259	47.4	13,615	52.6
Jackson	5,486	45.0	6,692	55.0
Jefferson	139,396	58.1	100,282	41.9
Lamar	1,660	38.2	2,685	61.8
Lauderdale	12,269	48.8	12,889	51.2
Lawrence	3,758	39.6	5,733	60.4
Lee	22,398	66.1	11,488	33.9
Limestone	7,407	32.1	15,658	67.9
Lowndes	2,245	59.6	1,519	40.4
Macon	4,715	70.1	2,064	29.9
Madison	58,258	57.8	42,614	42.2
Marengo	3,353	51.8	3,140	48.2
Marion	2,818	30.2	6,541	69.8
Marshall	8,827	38.0	14,428	62.0
Mobile	50,555	52.1	46,500	47.9
Monroe	2,916	53.3	2,557	46.7
Montgomery	33,723	57.4	25,008	42.6
Morgan	14,919	42.0	20,622	58.0
Perry	2,411	61.5	1,515	38.5
Pickens	2,935	45.2	3,559	54.8
Pike	3,929	49.7	3,974	50.3
Randolph	2,551	46.8	2,895	53.2
Russell	5,836	56.5	4,497	43.5
St. Clair	8,465	35.3	15,506	64.7
Shelby	33,843	51.7	31,593	48.3
Sumter	2,366	63.6	1,360	36.4
Talladega	11,071	46.4	12,799	53.6
Tallapoosa	6,413	51.6	6,009	48.4
Tuscaloosa	28,178	50.5	27,686	49.5
Walker	6,602	28.4	16,626	71.6
Washington	1,898	33.6	3,752	66.4
Wilcox	2,208	59.7	1,516	40.3
Winston	2,065	26.7	5,646	73.3
Total	689,450	49.93	691,300	50.07[5]

Aftermath and later events

The inclusion of a repeal of the 1956 education clause "played a central role" in the defeat of the amendment.^[6]

Following rejection of the amendment, State Senator Wendell Mitchell pledged to introduce a new amendment in February 2005, this time omitting a repeal of the publicly funded education provision. Mitchell believed that the removal of segregation era language from the state's constitution without the education clause would be "decisively approved by voters."^[7]

In 2022, Alabama voted on a separate constitutional amendment, 2022 Alabama Recompiled Constitution Ratification Question, which, among other things, removed all racist language.^[8]

See also

• Civil rights referendum
• Civil rights movement