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Georgia Amendment 1, "Freedom from Compulsory Association in Public Education" Measure (1962)

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Georgia Amendment 1

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Election date

November 6, 1962

Topic
Public education governance and Race and ethnicity issues
Status

ApprovedApproved

Type
Legislatively referred constitutional amendment
Origin

State legislature



Georgia Amendment 1 was on the ballot as a legislatively referred constitutional amendment in Georgia on November 6, 1962. It was approved.

A "yes" vote supported this constitutional amendment to: 

  • provide that "freedom from compulsory association," such as racial desegregation, "at all levels of public education shall be preserved inviolate" and
  • provide that the legislature shall provide funds "for an adequate education for the citizens of Georgia."

A "no" vote opposed this constitutional amendment to:

  • provide that "freedom from compulsory association," such as racial desegregation, "at all levels of public education shall be preserved inviolate" and
  • provide that the legislature shall provide funds "for an adequate education for the citizens of Georgia."


Election results

Georgia Amendment 1

Result Votes Percentage

Approved Yes

125,684 60.44%
No 82,250 39.56%
Results are officially certified.
Source


Overview

Amendment 1 added language to the Georgia Constitution that provided for the "freedom from compulsory association at all levels of public education." Amendment 1 also stated that "the General Assembly must provide funding through taxation to ensure an adequate education for Georgia citizens."[1]

Gov. Ernest Vandiver (D) proposed Amendment 1 as part of a four-bill legislative package. He discussed the package in a speech before the Georgia General Assembly titled The Fate of Public Education in Georgia. He described the legislation package as "a freedom of association child protection defense package." He referenced the constitutional amendment approved in 1954: "Proposed by the then Gov. Herman Talmadge, it was the basis of our defense then. It forms the basis of our defense now. Implementation legislation for the 1954 grants amendment was adopted in 1956 and in 1959. Since that time decisions have rendered it ineffective, in that, conditions which these statutes envisaged cannot now legally come into operation. Therefore, for the state to make grants, new implementing legislation is necessary. ... In order to authorize the suspension of public schools and their reopening, consistent with the wishes of their patrons, a new law covering this subject must be passed."[2]

The General Assembly passed the four bills, including Amendment 1, during the legislative session. The other three bills were designed to:[3]

  • provide for a tuition grant program from local school boards for students to attend private, non-sectarian schools;
  • authorize local school districts to decide whether to close public schools in response to court-ordered racial integration; and
  • transfer oversight of local schools from the State Board of Education to local authorities, while allowing appeals to the board for student placement decisions.

The Columbus Ledger described Amendment 1 as the legal basis for the tuition grant program, which would "guarantee freedom of association to the children."[4]

Text of measure

Ballot title

The ballot title for Amendment 1 was as follows:

For ratification of amendment to the Constitution so as to preserve inviolate freedom from compulsory association at all levels of public education and to require the General Assembly to provide funds for the adequate education for the citizens of Georgia.

Against ratification of amendment to the Constitution so as to preserve inviolate freedom from compulsory association at all levels of public education and to require the General Assembly to provide funds for the adequate education for the citizens of Georgia.

Full Text

The full text of this measure is available here.


Constitutional changes

See also: Georgia Constitution

The ballot measure added a Paragraph II to Section XIII of Article VIII of the Georgia Constitution. The following underlined text was added:[1]

Paragraph II. Freedom from compulsory association at all levels of public education shall be preserved inviolate. The General Assembly shall by taxation provide funds for an adequate education for the citizens of Georgia.[5]

Path to the ballot

See also: Amending the Georgia Constitution

A two-thirds (66.67%) vote is required during one legislative session for the Georgia State Legislature to place an amendment on the ballot. That amounts to a minimum of 120 votes in the Georgia House of Representatives and 38 votes in the Georgia State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

See also


Footnotes