Alabama Begins Removing Racist Language From Its Constitution

The effort will start by extracting passages like Section 256, which still says that “separate schools shall be provided for white and colored children, and no child of either race shall be permitted to attend a school of the other race.”

The state Constitution also includes a ban on interracial marriage, though the U.S. Supreme Court ruled such marriages to be fully legal in all states in 1967. “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,” the state Constitution still says.

And it includes descriptions of former voting requirements that were generally used to disenfranchise Black residents, including literacy tests and poll taxes. (The Constitution, written before women won the right to vote nationally, also includes language restricting voting to men.)

Two previous failed efforts to remove the section on school segregation — which was outlawed nationally by the Supreme Court in its 1954 Brown v. Board of Education decision — were complicated by a related debate over a 1956 state amendment that said Alabama did not recognize any right to a publicly funded education whatsoever, language that was aimed at thwarting the ruling on desegregation.

When advocates tried to get rid of both passages at once in 2004, opponents argued that the result would be higher taxes to increase school funding. Then in 2012, an effort to get rid of the segregation language without touching the public funding language drew opposition from school advocates — ultimately leaving the Constitution as it was.