November 3, 1998 | ||||||||||
Shall Section 33, Article III of the Constitution of this State be amended by deleting the following sentence from the Constitution: 'The marriage of a white person with a Negro or mulatto, or person who shall have one-eighth or more of Negro blood, shall be unlawful and void'. | ||||||||||
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| Source: Dave Leip's Atlas of U.S. Presidential Elections [1] | ||||||||||
1998 South Carolina Amendment 4 was a proposed amendment to the Constitution of South Carolina to repeal the state's defunct constitutional ban on interracial marriage. The amendment was symbolic, as interracial marriage had already been legal nationwide since Loving v. Virginia in 1967.
The ballot measure was approved in a 61.95% to 38.05% vote, with only six counties [a] of the state's forty-six having a majority vote against.
The interracial marriage ban clause in South Carolina's constitution dated back to 1895, when the document was rewritten "as part of a sometimes violent backlash against Reconstruction." [2] The ban included only white and black people, mentioning no other races. [2] The 1895 constitution was written under Gov. Ben Tillman, whose administration was run on the idea that control of the state government should be held by white people. [3]
By 1945, thirty U.S. states had adopted anti-miscegenation laws in statute form or in their state constitutions, including all Southern states. [4]
In 1967, the Supreme Court of the United States ruled interracial marriage bans to be in violation of the Equal Protection and Due Process clauses of the Fourteenth Amendment, thereby striking down all state laws that had banned such marriages. [5] South Carolina's defunct laws remained on the books. [6] [7]
After the ruling, South Carolina's Attorney General urged for license bureaus to issue marriage licenses to interracial couples. [8]
In 1970 and 1972, following an opinion issued by the then South Carolina Attorney General Daniel McLeod in 1969 that the ban was unconstitutional, South Carolina repealed its statutory anti-miscegenation provisions. However, section 33 of article 3, the interracial marriage ban clause of South Carolina's constitution, still remained in place. [7] [6] [9]
In 1998, at the time of repeal of the constitutional ban, South Carolina was the second-to-last state to have a defunct ban on interracial marriage; the final state to repeal its ban was Alabama in 2000. [10]
Bill 4303 from the 112th Session, 1997-1998 of the South Carolina General Assembly placed the question on the ballot. The bill was authored by State Rep. Brad Jordan; however, Jordan allowed for State Rep. Curtis Inabinett to be the bill's introducer and chief sponsor. [11] [12] [13] In the State House, the bill received 99 votes in favor, 4 votes against, and had 20 representatives not vote. The 4 opposition votes came from State Representatives John Graham Altman, Dan Cooper, Larry Koon, and Margaret Gamble. [14] [12] In the State Senate, 45 votes were in favor, and none were in opposition. [15]
The Herald released an editorial in favor of the measure, describing the ban as "an unsavory relic of the past" and "a stain on the constitution." [25] The newspaper, days after the election had taken place, released an opinion section affirming support for the measure, and described the fact that more than one-third of the state opposed the measure as "a black eye for the state." [26]
The Sun News also released an editorial after the amendment vote had occurred, saying that their concern lied with the fact that six counties had voted against the measure. The newspaper went on to say, "The times, they are a'changing, but not fast enough." [27]
The State released an opinion paper expressing support for the repeal, describing the provision as "offensive and hateful" and "a surviving relic of brutally enforced laws — now void — that once banished blacks to the back of the bus, to separate and inferior schools, to separate accommodations and even separate drinking fountains." The newspaper went on to say, "It reminds one of Adolf Hitler's rules for racial purity" and that "we should take this wording out of our constitution for the same reason we would pick up trash in our front yard: it doesn't look good, and it says something about us if we leave it lying around." [28]
The Beaufort Gazette supported all amendments on the ballot in 1998, including the interracial marriage amendment, saying that the state's constitution "should be a sacred document that reflects the ideals of a state" and that the amendment "would purge a race-purity test from the Constitution." [29]
The Greenville News backed deletion of the ban, saying that it "serves only as a painful reminder of an earlier time." [30]
The following question and explanation was shown to voters for Amendment 4:
"Shall Section 33, Article III of the Constitution of this State be amended by deleting the following sentence from the Constitution: 'The marriage of a white person with a Negro or mulatto, or person who shall have one-eighth or more of Negro blood, shall be unlawful and void'.
Yes []
No []
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Explanation of above: This amendment, if approved, will remove the part of the Constitution that makes marriage between whites and blacks illegal. [33] [b]
Before the election in which the amendment was voted on took place, a poll conducted by Mason-Dixon was released, finding that 48 percent of South Carolinian registered voters favored a repeal of the state's constitutional ban, while 29 percent opposed it. The poll surveyed 820 registered voters between December 9 and December 11, 1997, based on statewide telephone interviews, and had a 3.5 percent margin of error. [35]
In an August 1998 poll by Mason-Dixon, conducted with 806 registered voters over telephone, two-thirds favored deletion of the ban, 22 percent opposed it, and around 11 percent were undecided. The poll had a 4 percent margin of error. [36]
40 counties voted in favor of the measure, and 6 voted against. No county had more than 75.3% vote in favor (Beaufort County), and none had less than 44.7% (Cherokee County).
| County | Yes | No | ||
|---|---|---|---|---|
| # | % | # | % | |
| Abbeville | 3,218 | 50.8 | 3,121 | 49.2 |
| Aiken | 20,053 | 63.8 | 11,387 | 36.2 |
| Allendale | 882 | 56.9 | 668 | 43.1 |
| Anderson | 21,690 | 54.0 | 18,478 | 46.0 |
| Bamberg | 1,491 | 55.7 | 1,187 | 44.3 |
| Barnwell | 2,301 | 53.5 | 1,997 | 46.5 |
| Beaufort | 22,213 | 75.3 | 7,272 | 24.7 |
| Berkeley | 14,743 | 62.4 | 8,891 | 37.6 |
| Calhoun | 2,391 | 53.5 | 2,074 | 46.5 |
| Charleston | 52,287 | 74.1 | 18,241 | 25.9 |
| Cherokee | 5,056 | 44.7 | 6,254 | 55.3 |
| Chester | 3,792 | 54.6 | 3,154 | 45.4 |
| Chesterfield | 4,169 | 48.7 | 4,395 | 51.3 |
| Clarendon | 3,772 | 54.1 | 3,194 | 45.9 |
| Colleton | 4,073 | 52.8 | 3,643 | 47.2 |
| Darlington | 7,327 | 54.8 | 6,037 | 45.2 |
| Dillon | 2,472 | 46.9 | 2,796 | 53.1 |
| Dorchester | 13,739 | 65.9 | 7,120 | 34.1 |
| Edgefield | 3,271 | 61.0 | 2,088 | 39.0 |
| Fairfield | 3,146 | 63.5 | 1,807 | 36.5 |
| Florence | 15,305 | 55.9 | 12,070 | 44.1 |
| Georgetown | 6,960 | 59.4 | 4,762 | 40.6 |
| Greenville | 63,306 | 63.6 | 36,265 | 36.4 |
| Greenwood | 8,319 | 59.3 | 5,718 | 40.7 |
| Hampton | 2,618 | 52.5 | 2,372 | 47.5 |
| Horry | 27,661 | 63.6 | 15,816 | 36.4 |
| Jasper | 2,048 | 61.8 | 1,266 | 38.2 |
| Kershaw | 7,648 | 56.1 | 5,995 | 43.9 |
| Lancaster | 7,056 | 49.4 | 7,225 | 50.6 |
| Laurens | 8,085 | 52.4 | 7,333 | 47.6 |
| Lee | 2,714 | 53.0 | 2,404 | 47.0 |
| Lexington | 37,149 | 62.5 | 22,318 | 37.5 |
| McCormick | 1,641 | 62.3 | 992 | 37.7 |
| Marion | 3,286 | 59.9 | 2,199 | 40.1 |
| Marlboro | 3,145 | 57.1 | 2,367 | 42.9 |
| Newberry | 5,065 | 52.1 | 4,657 | 47.9 |
| Oconee | 10,127 | 58.7 | 7,112 | 41.3 |
| Orangeburg | 12,364 | 59.8 | 8,308 | 40.2 |
| Pickens | 13,709 | 57.3 | 10,228 | 42.7 |
| Richland | 59,284 | 74.1 | 20,671 | 25.9 |
| Saluda | 2,674 | 50.0 | 2,679 | 50.0 [c] |
| Spartanburg | 29,236 | 56.5 | 22,520 | 43.5 |
| Sumter | 12,878 | 63.0 | 7,575 | 37.0 |
| Union | 4,009 | 44.9 | 4,912 | 55.1 |
| Williamsburg | 4,578 | 54.6 | 3,800 | 45.4 |
| York | 22,854 | 65.3 | 12,165 | 34.7 |
| State total | 565,805 | 62.0 | 347,533 | 38.0 [33] |
The amendment required a subsequent vote by the legislature in order to be ratified; the ratification, following approval by both the state House and Senate, took effect during the week of February 14, 1999. This officially removed the state's marriage ban, which had been unenforceable for over 31 years. [37]
Based on the percentage of participants by race in the 1998 general election, all six counties that opposed the amendment had a majority-white percentage of people who voted. [38] Data gathered in the 2000 census shows that all six counties that opposed the amendment had a majority-white population in total. [39] An estimated 40% of white voters opposed the ballot measure, while about 23% of non-white voters were against it. [40] [4]
The three counties that backed the measure with more than 70% support—Beaufort, Charleston, and Richland—all had majority-white populations as well. [38] [39] However, all three counties had histories involving African Americans. For example, in Beaufort, African Americans "dominate[d]" the political scene during Reconstruction; [41] in Charleston, they formed a majority of the population until the Great Migration; [42] and in Richland, according to one researcher, more public memorials for Black women exist than in any other county of the United States. [43]
Alabama and Mississippi also held referendums on repealing their own defunct constitutional bans, in which both measures succeeded. Mississippi held its plebiscite in 1987, which was approved by just 3.52%, and Alabama's was held in 2000, where about 19% more voted in favor than in opposition. [44] [45]
In comparison to South Carolina's vote, the two state's had a higher percentage of county-level opposition, with 44 of the 82 Mississippi counties in opposition (53.66%) and 25 of Alabama's 67 (37.31%), while only 6 of South Carolina's 46 (13.04%) were opposed. [44] [45] [33]
When categorized by race, estimates show that ~49% of white Alabama voters opposed removing their state's ban compared to South Carolina's ~40%. Among non-white voters, ~8% in Alabama opposed repeal, while in South Carolina, ~23% were against. [4]
The six counties in opposition later voted in favor of the state's constitutional ban on gay marriage referendum, with Cherokee County, one of the six, being the only county to have more than 90% of its vote be in favor of the ban. [46] The amendment was also later compared to the gay marriage referendum, with The Times and Democrat saying that targeting same-sex couples was "no less vicious than targeting interracial couples was in another era." [47]