Alabama Amendment 2, Repeal Requirement for Public School System, Allow Private Entities to Operate Schools, and Permit Parents to Choose Schools Based on Race Measure (August 1956)

Alabama Amendment 2
Election date August 28, 1956
Topic Public education governance and Race and ethnicity issues
Status Approved
Type Legislatively referred constitutional amendment	Origin State legislature

Alabama Amendment 2 was on the ballot as a legislatively referred constitutional amendment in Alabama on August 28, 1956. It was approved.

A "yes" vote supported this constitutional amendment to: repeal the constitutional requirement that the legislature provide a "liberal system of public schools throughout the state" and instead provide that "nothing in this constitution..." creates or recognizes a right to state-funded education or training; allow the legislature to enact laws allowing schools to be operated by private individuals, private agencies, or local governments, under conditions established by the legislature, and provide public funding or transfer public property (through grants, loans, leases, sales, or donations) to these schools; and allow the legislature to enact laws permitting parents or guardians to choose schools for their children based on race.

A "no" vote opposed this constitutional amendment to repeal the requirement for a public school system, provide that there is no constitutional right to state-funded education, allow public funding and property transfers to schools operated by private or local entities, and permit laws letting parents choose schools for their children based on race.

Election results

Alabama Amendment 2
Result		Votes	Percentage
Yes		128,586	61.39%
No		80,866	38.61%

Results are officially certified.

Source

Overview

The Birmingham News summarized Amendment 2: "This 'freedom of choice' proposal is designed to preserve school segregation on voluntary basis, allowing parents to choose schools for children. Would permit Legislature to abolish public schools to prevent violence and empower education boards to operate segregated private schools"

State Sen. Albert Boutwell (D), who co-sponsored Amendment 2, said, "Under the present constitution of Alabama, we are legally defenseless against their determination to integrate or destroy our schools. We in Alabama will continue to have segregated schools when Amendment No. 2 is approved on August 28. Without its approval, we... will have either integrated schools or no schools supported by public funds. When someone says they oppose the amendment, ask them what they are going to do when the school in which they are most interested receives an order from the Federal Court ordering integration in that school. ... Amendment No. 2 unties the hands of our State Legislature and gives it the authority so urgently needed to preserve segregation in every school in Alabama."

State Superintendent of Education A. R. Meadows, who supported racial segregation, opposed Amendment 2, saying the proposal would eliminate "the constitutional right of children of today and children yet unborn to education or training at public expense."

Text of measure

Full Text

The full text of this measure is available here.

Path to the ballot

See also: Amending the Alabama Constitution

A 60% vote is required from both chambers of the Alabama State Legislature during one legislative session to place a constitutional amendment on the ballot. That amounts to a minimum of 63 votes in the Alabama House of Representatives and 21 votes in the Alabama State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

See also

1956 Measures

• 1956 Measures
• Race and ethnicity issues on the ballot
• School choice policy on the ballot
• Public education governance on the ballot
• 1956 legislative sessions

Alabama

• Alabama ballot measures
• Alabama ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls