2004 Alabama Amendment 2
November 2, 2004
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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) | ||||||||||
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Results by county | ||||||||||
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2004 Alabama Amendment 2 was a proposed amendment to the Alabama Constitution of 1901 to repeal the defunct requirement of racial segregation in schools, the defunct poll tax as a condition to vote, and a declaration that there was no right to a publicly funded education in Alabama.
Repeal of the first two Jim Crow laws, which had already been invalidated but still were on the books, was widely uncontroversial. However, contention existed over repealing the provision that denied the right of publicly funded schooling. Supporters, including Governors Bob Riley and Don Siegelman, argued that the changes would improve the image of the state. Opponents, including the recently-removed Chief Justice Roy Moore, framed the provision of publicly funded education as taxpayer-funded "gifts" rather than an issue of children's rights, while asserting that repeal of the clause would increase school taxes—something that they were against.
Even though opponents' legal arguments that such taxes would be imposed by court order were widely seen as dubious, their vocal opposition tanked the referendum. It narrowly failed, with 50.07% of Alabamians casting a vote against the changes.