2000 Alabama Amendment 2

Last updated

Amendment 2
Alabama Interracial Marriage Amendment
Results
Choice
Votes %
Check-71-128-204-brightblue.svgYes801,72559.49%
Light brown x.svgNo545,93340.51%
Total votes1,347,658100.00%

2000 Alabama Amendment 2 results map by county.svg
Source: Secretary of State of Alabama [1]

2000 Alabama Amendment 2, also known as the Alabama Interracial Marriage Amendment, was a proposed amendment to the Constitution of Alabama to remove Alabama's ban on interracial marriage. Interracial marriage had already been legalized nationwide 33 years prior in 1967, following Loving v. Virginia , making the vote symbolic. The amendment was approved with 59.5% voting yes, a 19 percentage point margin, though 25 of Alabama's 67 counties voted against it. Alabama was the last state to officially repeal its anti-miscegenation laws.

Contents

Background

The Constitution of Alabama, passed in 1901, officially prohibited interracial marriage in the state. Article IV, Section 102 states, "The legislature shall never pass any law to authorize or legalize any marriage between any white person and a negro, or descendant of a negro". [2] However, interracial marriage had been legal in Alabama since 1967, when the United States Supreme Court struck down Virginia's anti-miscegenation laws in the landmark decision Loving v. Virginia . [3] Therefore, the amendment was symbolic rather than changing actual policy in the state. [2]

Amendment 2 was a legislatively referred constitutional amendment proposed by Act Number 1999–321. [4] A previous 1998 bill on the same topic died in committee. [5] The amendment's wording was tailored to avoid accidentally legalizing same-sex marriage. [6]

Support and opposition

The Anniston Star endorsed the amendment, describing it as a "no-brainer" and the current state of the constitution a "terrible embarrassment". [7]

Incumbent Attorney General of Alabama Bill Pryor endorsed the amendment, writing that the amendment would repeal a "racist and immoral" part of the constitution, and that rejecting the amendment would lead to a negative view of Alabama that would hurt the state's economy. [8]

The Sons of Confederate Veterans and United Daughters of the Confederacy did not endorse the amendment, but notably did not oppose the amendment. [9]

Prominent opposition to the amendment came from the Southern Party, a minor political party which also sought to establish the Southern United States as an independent nation, [6] and from the Confederate Heritage Political Action Committee. Activist Michael Chappell, a prominent member of the Confederate Heritage Political Action Committee, said he opposed the amendment because he did not believe in interracial marriage, and wanted to use the issue to activate other pro-Confederacy supporters for future campaigns. [10] Chappell later tried to have the amendment overturned in court. [11]

Contents

The amendment appeared on the ballot as follows: [4]

Proposed Statewide Amendment Number 2

Proposing an amendment to the Constitution of Alabama of 1901, to abolish the prohibition of interracial marriages. (Proposed by Act No. 1999-321)

The amendment modified the text of Article IV, Section 102 of Alabama's constitution, which previously read "Miscegenation laws. The legislature shall never pass any law to authorize or legalize any marriage between any white person and a negro, or descendant of a negro", by appending the sentence "This section has been annulled by Amendment 667." [12]

Results

Proposal 2 [1]
ChoiceVotes %
Check-71-128-204-brightblue.svg Yes801,72559.49
No545,93340.51
Total votes1,347,658100.00

The amendment was approved with about 60% of the vote. Twenty-five counties with high white populations voted against the amendment, while counties with high black populations voted for it. [13] [14] The Alabama electorate in 2000 was 73% white and 25% black, meaning that the proposal received a significant amount of support from white voters, with around the same number voting for and against the amendment. This was noted as a "remarkable change in white attitudes" in the book Alabama in the Twentieth Century . [15]

Analysis and aftermath

Of the seventeen states with anti-miscegenation laws when Loving v. Virginia was decided, Alabama was the last state to officially repeal its anti-miscegenation laws, [3] following South Carolina's repeal in 1998. [16] The amendment's passage received significant national media attention, including in The Boston Globe , the Chicago Tribune , USA Today , The Wall Street Journal , The Washington Post , and the Los Angeles Times . [12] It also provided encouragement for other states to remove racist language from their own constitutions, including laws preventing Asians from owning property in New Mexico and Kansas. [16] In 2002 it inspired Oregon to repeal its unenforceable black exclusion laws, which dated back to 1857. [16] [17]

In the Montgomery Advertiser , staff columnist Quinn Chattmon wrote that while it was good that the state passed the amendment, it was unfortunate that it was opposed by forty percent of the population. Chattmon wrote that it was "difficult to fathom" why people voted against Amendment 2, and that while the amendment won support from many white voters, race relations still needed significant work. [18]

The amendment was challenged in the lawsuit Chappell v. State. Michael Chappell filed a complaint on September 29, 2000, claiming that the amendment was invalid, because the amendment was described improperly on the ballot. He first sought a preliminary injunction against the measure before the election was held, and later sought to overturn it after the election was held. Chappell's complaint was dismissed in court. [11]

Alabama's miscegenation ban was compared to its same-sex marriage ban, especially after it was also ruled unconstitutional in the 2015 United States Supreme Court case Obergefell v. Hodges . Alabama's gay marriage ban was approved in 2006 with 80% of the vote, passing in every county. [19]

Related Research Articles

Loving v. Virginia, 388 U.S. 1 (1967), was a landmark civil rights decision of the U.S. Supreme Court in which the Court ruled that laws banning interracial marriage violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the U.S. Constitution. The case involved Mildred Loving, a woman of color, and her white husband Richard Loving, who in 1958 were sentenced to a year in prison for marrying each other. Their marriage violated Virginia's Racial Integrity Act of 1924, which criminalized marriage between people classified as "white" and people classified as "colored". The Lovings appealed their conviction to the Supreme Court of Virginia, which upheld it. They then appealed to the U.S. Supreme Court, which agreed to hear their case.

Many laws in the history of the United States have addressed marriage and the rights of married people. Common themes addressed by these laws include polygamy, interracial marriage, divorce, and same-sex marriage.

<span class="mw-page-title-main">Alabama Constitution of 1901</span> Principles, institutions and law of political governance in the U.S. state of Alabama

The Constitution of the State of Alabama of 1901 was the basic governing document of the U.S. state of Alabama. Adopted in 1901 and replaced in 2022, it was Alabama's sixth constitution.

<span class="mw-page-title-main">U.S. state constitutional amendments banning same-sex unions</span>

Prior to the Supreme Court's decision in Obergefell v. Hodges (2015), U.S. state constitutional amendments banning same-sex unions of several different types passed, banning legal recognition of same-sex unions in U.S. state constitutions, referred to by proponents as "defense of marriage amendments" or "marriage protection amendments." These state amendments are different from the proposed Federal Marriage Amendment, which would ban same-sex marriage in every U.S. state, and Section 2 of the Defense of Marriage Act, more commonly known as DOMA, which allowed the states not to recognize same-sex marriages from other states. The amendments define marriage as a union between one man and one woman and prevent civil unions or same-sex marriages from being legalized, though some of the amendments bar only the latter. The Obergefell decision in June 2015 invalidated these state constitutional amendments insofar as they prevented same-sex couples from marrying, even though the actual text of these amendments remain written into the state constitutions.

Massachusetts General Laws Chapter 207, Section 11, more commonly known as the 1913 law, is a Massachusetts law enacted in 1913 and repealed in 2008 that invalidated the marriage of non-residents if the marriage was invalid in the state where they lived. It originated during a period of heightened antipathy to interracial marriage and went largely unenforced until used between 2004 and 2008 to deny marriage licenses to out-of-state same-sex couples.

McLaughlin v. Florida, 379 U.S. 184 (1964), was a case in which the United States Supreme Court ruled unanimously that a cohabitation law of Florida, part of the state's anti-miscegenation laws, was unconstitutional. The law prohibited habitual cohabitation by two unmarried people of opposite sex, if one was black and the other was white. The decision overturned Pace v. Alabama (1883), which had declared such statutes constitutional. It did not overturn the related Florida statute that prohibited interracial marriage between whites and blacks. Such laws were declared unconstitutional in 1967 in Loving v. Virginia.

<span class="mw-page-title-main">1964 California Proposition 14</span> 1964 California ballot proposition

California Proposition 14 was a November 1964 initiative ballot measure that amended the California state constitution to nullify the 1963 Rumford Fair Housing Act, thereby allowing property sellers, landlords and their agents to openly discriminate on ethnic grounds when selling or letting accommodations, as they had been permitted to before 1963. The proposition became law after receiving support from 65% of voters. In 1966, the California Supreme Court in a 5–2 split decision declared Proposition 14 unconstitutional under the equal protection clause of the United States Constitution. The U.S. Supreme Court affirmed that decision in 1967 in Reitman v. Mulkey.

<span class="mw-page-title-main">Constitution of Mississippi</span> Supreme law of Mississippi, US

The Constitution of Mississippi is the primary organizing law for the U.S. state of Mississippi delineating the duties, powers, structures, and functions of the state government. Mississippi's original constitution was adopted at a constitutional convention held at Washington, Mississippi in advance of the western portion of the territory's admission to the Union in 1817. The current state constitution was adopted in 1890 following the reconstruction period. It has been amended and updated 100 times in since its adoption in 1890, with some sections being changed or repealed altogether. The most recent modification to the constitution occurred in November 2020, when Section 140 was amended, and Sections 141-143 were repealed.

Perez v. Sharp, also known as Perez v. Lippold or Perez v. Moroney, is a 1948 case decided by the Supreme Court of California in which the court held by a 4–3 majority that the state's ban on interracial marriage violated the Fourteenth Amendment to the United States Constitution.

Loving Day is an annual national celebration held on June 12, the anniversary of the 1967 United States Supreme Court decision Loving v. Virginia which struck down all anti-miscegenation laws remaining in sixteen U.S. states. In the United States, anti-miscegenation laws were U.S. state laws banning interracial marriage, mainly forbidding marriage between two different races, until the Warren Court ruled unanimously in 1967 that these state laws were unconstitutional. Chief Justice Earl Warren wrote in the court majority opinion that "the freedom to marry, or not marry, a person of another race resides with the individual, and cannot be infringed by the State."

Pace v. Alabama, 106 U.S. 583 (1883), was a case in which the United States Supreme Court affirmed that Alabama's anti-miscegenation statute was constitutional. This ruling was rejected by the Supreme Court in 1964 in McLaughlin v. Florida and in 1967 in Loving v. Virginia. Pace v. Alabama is one of the oldest court cases in America pertaining to interracial sex.

The Jim Crow laws were state and local laws introduced in the Southern United States in the late 19th and early 20th centuries that enforced racial segregation, "Jim Crow" being a pejorative term for an African-American. Such laws remained in force until the 1960s. Formal and informal segregation policies were present in other areas of the United States as well, even if several states outside the South had banned discrimination in public accommodations and voting. Southern laws were enacted by white Southern Democrat-dominated state legislatures to disenfranchise and remove political and economic gains made by African Americans during the Reconstruction era.

<span class="mw-page-title-main">Respect for Marriage Act</span> 2022 U.S. federal law

The Respect for Marriage Act is a landmark United States federal law passed by the 117th United States Congress and signed into law by President Joe Biden. It repeals the Defense of Marriage Act (DOMA), requires the U.S. federal government and all U.S. states and territories to recognize the validity of same-sex and interracial civil marriages in the United States, and protects religious liberty. Its first version in 2009 was supported by former Republican U.S. Representative Bob Barr, the original sponsor of DOMA, and former President Bill Clinton, who signed DOMA in 1996. Iterations of the proposal were put forth in the 111th, 112th, 113th, 114th, and 117th Congresses.

Bernard S. Cohen was a civil liberties attorney and Democratic member of the Virginia House of Delegates. On April 10, 1967, appearing with co-counsel Philip Hirschkop on behalf of the ACLU, Cohen presented oral argument for the petitioners in Loving v. Virginia before the U. S. Supreme Court. On June 12, 1967, the Supreme Court ruled in favor of Cohen's clients, declaring bans on interracial marriage unconstitutional, thus invalidating the anti-miscegenation laws of 15 states.

<span class="mw-page-title-main">Anti-miscegenation laws in the United States</span> Laws against interracial marriage

In the United States, anti-miscegenation laws were passed by most states to prohibit interracial marriage, and in some cases also prohibit interracial sexual relations. Some such laws predate the establishment of the United States, some dating to the later 17th or early 18th century, a century or more after the complete racialization of slavery. Nine states never enacted such laws; 25 states had repealed their laws by 1967, when the United States Supreme Court ruled in Loving v. Virginia that such laws were unconstitutional in the remaining 16 states. The term miscegenation was first used in 1863, during the American Civil War, by journalists to discredit the abolitionist movement by stirring up debate over the prospect of interracial marriage after the abolition of slavery.

A civil rights referendum or human rights referendum is any act of direct democracy which allows for a vote on the granting or amendment of current civil rights, liberties or associations as recognized by a government. Such referendums have frequently been proposed as a means by which the majority of the voting public in a polity, rather than the judicial or legislative chambers of government, could determine what the state should recognize or carry out, while such referendums have been strongly criticized by civil rights organizations and professional bodies as means by which the majority of the public could vote on the rights of a vulnerable minority according to contemporary prejudices.

<span class="mw-page-title-main">Gerald Allen (politician)</span> American politician

Gerald H. Allen is a Republican lawmaker in the Alabama Senate. He previously served in the Alabama House of Representatives.

<span class="mw-page-title-main">Lynching of Jake Davis</span>

Jake "Shake" Davis was a 62-year-old African-American man who was lynched in Miller County, Georgia by a white mob on July 14, 1922. According to the United States Senate Committee on the Judiciary it was the 38th of 61 lynchings during 1922 in the United States.

The Constitution of the State of Alabama is the basic governing document of the U.S. state of Alabama. It was adopted in 2022 and is Alabama's seventh state constitution.

References

  1. 1 2 "Results" (PDF). Secretary of State of Alabama . 2000. Retrieved November 10, 2020.
  2. 1 2 Owens, Gene (October 23, 2000). "Alabama Voters To Decide Fate Of Miscegenation Ban". The Pew Charitable Trusts. Retrieved November 10, 2020.
  3. 1 2 Srikanth, Anagha (June 12, 2020). "The origins of Loving Day explained". The Hill . Retrieved November 10, 2020.
  4. 1 2 "Proposed Constitutional Amendments". Alabama Secretary of State. Retrieved November 10, 2020.
  5. Cabell, Brian (March 12, 1999). "Alabama considers lifting interracial marriage ban". CNN . Retrieved November 7, 2021.
  6. 1 2 Minchin, Timothy (July 2013). ""A sharp break from the recent past"? Assessing the Rise in Interracial Marriage in the Contemporary United States". Australasian Journal of American Studies . 32 (1): 40. JSTOR   43863825 . Retrieved November 18, 2021.
  7. "Amendments". The Anniston Star . Anniston, Alabama. November 3, 2000. p. 6.
  8. Pryor, Bill (October 13, 2000). "Voters should repeal marriage ban". The Montgomery Advertiser . Montgomery, Alabama. p. 12.
  9. "Amendment 2". The Anniston Star. Anniston, Alabama. September 11, 2000. p. 4.
  10. Campbell, Duncan (November 3, 2000). "Alabama votes on removing its ban on mixed marriages". The Guardian . Retrieved November 7, 2021.
  11. 1 2 "Alabama Legislation Ninth Edition" (PDF). Alabama Legislative Services Agency. November 2018. pp. 285–288. Archived from the original (PDF) on November 7, 2021. Retrieved November 7, 2021.
  12. 1 2 Richter, Jeremy W. (2015). "Alabama's Anti-Miscegenation Statutes". Alabama Review. 68 (4): 345–365. doi:10.1353/ala.2015.0033. S2CID   155583225 . Retrieved November 18, 2021.
  13. Suzy Hansen (March 8, 2001). "Mixing it up". Salon. Archived from the original on April 14, 2016. Retrieved November 10, 2020.
  14. "Alabama removes ban on interracial marriage". USA Today. November 7, 2000. Archived from the original on September 14, 2002. Retrieved November 10, 2020.
  15. Flynt, Wayne (2004). Alabama in the Twentieth Century. Tuscaloosa, Alabama: University of Alabama Press. p. 369. ISBN   9780817381868 . Retrieved November 18, 2021.
  16. 1 2 3 Prengaman, Peter (September 29, 2002). "Oregon to Vote on Racist Words". Associated Press . Retrieved November 21, 2021.
  17. Davis, Alex (November 7, 2002). "Racist language draws reactions". Statesman Journal . Retrieved November 21, 2021.
  18. Quin, Chattmon (November 30, 2000). "Race relations still need work". Montgomery Advertiser . Montgomery, Alabama. p. 8.
  19. Blake, Aaron (February 5, 2015). "Alabama was a final holdout on desegregation and interracial marriage. It could happen again on gay marriage". The Washington Post . Retrieved November 10, 2020.