Referendum on segregation, poll tax, and publicly funded education
2004 Alabama Amendment 2
November 2, 2004
Proposing an amendment to the Constitution of Alabama of 1901, to repeal portions of Section 256 and Amendment 111 relating to separation of schools by race and repeal portions of Amendment 111 concerning constitutional construction against the right to education, and to repeal Section 259, Amendment 90, and Amendment 109 relating to the poll tax. (Proposed by Act 2003-203)
HB587, which became Act 2003–203, placed the measure on the ballot. The bill was passed 91 to 0 in the State House, and 29 to 0 in the State Senate.[1]
The amendment initially only contained language repealing defunct provisions of Alabama's constitution related to school segregation and poll taxes; Support for removing these clauses was widespread. However, a new part was later added to the measure; it would repeal a 1956 clause saying that there was not a right to a publicly funded education in the state of Alabama, a provision adopted following Brown v. Board of Education.[2]
Viewpoints
Support
Governor Bob Riley was in favor of the amendment, believing that if it passed, Alabama's image would be enhanced. Before the results were finalized, Riley said that if the amendment were to fail, he would create a new amendment leaving out a portion that was criticized by Roy Moore and those in opposition to the measure. "We'll give the people a chance to vote again."[3] Riley also felt that those in opposition were incorrect in claiming that courts would have the ability to force the state to raise public school taxes.[2]
Former governor Don Siegelman also backed the amendment, believing it to be important for the national image of Alabama and future economic development. Siegelman, like Bob Riley, argued that opponents were incorrect in thinking that courts would have the authority to force Alabama to raise public school taxes.[2]
Opposition
Former chief justice of the Supreme Court of Alabama Roy Moore opposed the amendment, claiming that a part of the amendment could be used by a federal court in order to increase public education taxes.[3] He described the amendment as "a wolf in sheep's clothing" that would lessen the ability of parents to control their children's education.[2]
Results
The measure was defeated by less than 2,000 votes, leaving the segregation, poll tax, and publicly funded education clauses still on the books.[4]
The inclusion of a repeal of the 1956 education clause "played a central role" in the defeat of the amendment.[6]
Following rejection of the amendment, State Senator Wendell Mitchell pledged to introduce a new amendment in February 2005, this time omitting a repeal of the publicly funded education provision. Mitchell believed that the removal of segregation era language from the state's constitution without the education clause would be "decisively approved by voters."[7]
↑"BILLS - SEARCH ALL SESSIONS". Alabama Legislature. Click "Search Table," search "HB587," and scroll down. Then, click the right arrow in the bottom right. The bill is on that page, and can be viewed from there. It is from 2003, and its listed sponsor is Buskey. Retrieved November 26, 2025.
↑"Elections Data Downloads". Alabama Secretary of State. Data: 2004 General Election Results - Level Official election results certified by State Canvassing Board. Retrieved November 26, 2025.
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