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Mississippi "Confederate Heritage" Amendment, Initiative 46 (2016)

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The Mississippi "Confederate Heritage" Amendment, Initiative 46 was a constitutional amendment proposed for the Mississippi ballot on November 8, 2016.

The measure would have added twelve provisions to the Constitution of Mississippi.[1]

One provision would have defined Mississippi as a "Christian" and "Southern" state whose principles are based on the Christian Bible and where prayer is respected. Another would have established English as the state's official language.

Multiple provisions related to Confederate history and symbols. April would have been designated "Confederate Heritage Month" and the last Monday of April would have been a state holiday called "Confederate Heritage Day." The public school curriculum would have included "appropriate information about Mississippi's Confederate history, heritage, achievements, and prominent people, including Mississippi's African American and Native American veterans." Furthermore, the measure would have constitutionalized the state's current flag, which bears the Confederate battle flag's saltire, placed the state flag at equal height with the United States flag and required recitation of the state flag salute. The Confederate Battle Flag would have been displayed on the state capitol's exterior grounds.[1]

The measure would have established "The Magnolia State" as Mississippi's official nickname, "Virtute et Armis" as the official motto, and "Dixie" as the official song. It would have also required "Dixie" to be played whenever the national anthem was played.

The amendment would have nullified the 1990 repeal of Section 3 of Article II of the state constitution, which is related to the state's borders.

In addition, the measure would have affected a number of public universities' mascots and team names and prohibited certain schools from being forced to merge.[1]

Text of measure

Ballot title

The proposed ballot text was:[1]

Should the Constitution be amended to restrict or define Mississippi’s heritage, religion, official language, symbols, universities, and state boundaries?[2]

Ballot summary

The proposed ballot summary was:[1]

Initiative #46 would amend the Constitution to restrict or define Mississippi’s heritage in the following areas: religion, official language, state flag, nickname, song, motto and state university mascots. Further, the initiative would prevent the consolidation of Alcorn State University, Delta State University, Jackson State University, Mississippi University for Women, and Mississippi Valley State University, designate the month of April “Confederate Heritage Month,” and reinstate Mississippi’s Constitutional boundaries.[2]

Support

The campaign in support of the initiative was led by the Magnolia State Heritage Campaign.[3]

Supporters

Arguments

Former Rep. Mark DuVall (D-19), the Itawamba County Captain for the Magnolia State Heritage Campaign, stated:

Mississippi’s future is as bright as our past is rich. This is why I am honored to support and encourage all Mississippians to embrace and preserve our Heritage as the cornerstone for future generations to build upon. It is from our culture steeped in Christian values and our experiences seeded deep in the heart of Dixie that Traditions, so dear to our souls, are born. Our faith, our flag, our song and our mascots, in essence, identify who we are as Mississippians. And, we should all be as proud of them now, as those from days gone by, to preserve them for those yet to come.[2]
—Former Rep. Mark Duvall[5]

Opposition

Opponents

  • ACLU of Mississippi[6]

Arguments

The ACLU of Mississippi issued a statement opposing the initiative:

A group in Mississippi is proposing a ballot initiative that could discriminate against Mississippians with different religious beliefs as well as racial and ethnic minorities...

We must draw a line in the sand and stand in defense of freedom for ALL Mississippians!

  • No one religion should be promoted by the government over another. The initiative’s promotion of Christianity undermines our rich traditions of peaceful pluralism and religious diversity.
  • Discrimination against language minorities and restrictions on communication in languages other than English implicate our most basic rights of equal protection, free speech, and due process. A declaration of English as the official language is inconsistent with the spirit of tolerance and diversity embodied in the federal Constitution, and in particular the Equal Protection Clause.
  • Ballot Initiative 46 wants to assert “heritage, culture and traditions” that are steeped in historical discrimination based on race.

If we allow discrimination in one situation, it will be allowed in other situations where it may cause serious harm. We stand ready to defend freedom in Mississippi and will adamantly oppose Initiative 46![2]

—ACLU of Mississippi[6]

Path to the ballot

See also: Laws governing the initiative process in Mississippi

In Mississippi, an initiative can be circulated for one year before becoming invalid, but signatures must be turned in at least 90 days before the start of a legislative session. Therefore, the final date for submitting signatures for the 2016 ballot was in October 2015. Proponents needed to collect a required 107,216 valid signatures. The required signatures were not submitted by the deadline and the initiative expired.

See also

Footnotes