Article published May 16, 2005
Effort to remove racist language from constitution appears dead
By BOB JOHNSON
Associated Press Writer
The Alabama Constitution still includes language left over from the state's segregationist past calling for a poll tax and directing black and white children to attend separate schools.
Efforts to pass an amendment to remove the language appeared to be dead Monday, on the final day of the 2005 session.
The language is no longer enforceable, but voters last year rejected an amendment that would have removed the sections. Opponents of the amendment, including ousted Supreme Court Chief Justice Roy Moore, complained that it would also remove 1956 wording that said children do not have a right to a state-financed education.
Several efforts this session to pass a new version of the amendment got bogged down in the debate over whether removing the 1956 language would clear the way for judges to order tax hikes to fund education.
Moore said Monday he was pleased a new version of the amendment would not pass this session.
"It was never about racist language, but about opening the door to court-ordered higher taxes and an erosion of parental rights over education of Alabama's children," Moore said.
A Senate-passed version of the proposed amendment was not placed on the work agenda in the House Monday and there were no apparent efforts to bring the issue up for a vote in the final hours of the session.
The chairman of the House Black Caucus, Rep. Oliver Robinson, D-Birmingham, said he was disappointed that the racist language will remain for now in the Constitution. He said he also wanted to remove the 1956 amendment, which according to news accounts was adopted largely as a way to avoid a U.S. Supreme Court order to integrate schools.
"I do think all of this talk about judges is a smoke screen to keep from getting to the real issue of why that language was placed in the Constitution in the first place," Robinson said.
He said the caucus would continue to fight to get racist language out of the Constitution.
"There are still elements in this state who would like to see this language remain in the Constitution," Robinson said.
The version of the proposed amendment that could have come up for a vote Monday would have deleted the racist language and also removed the 1956 amendment.
Republicans in the Legislature had favored a different version that would have removed the racist language, but would have left the amendment concerning a right to an education in place.
"I don't want to give judges the opportunity to legislate from the bench. It's our responsibility to address taxes and not judges," said Rep. Gerald Allen, R-Tuscaloosa.
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