1976 Missouri Amendment 5

The constitutional provision authorizing segregated schools for white and black children was drafted in 1945.^[1] On May 17, 1954, the Supreme Court of the United States unanimously ruled in the Brown v. Board of Education decision that segregation in public schools was unconstitutional; the Court reasoned that such laws were in violation of both the Equal Protection and Due Process clauses of the Fourteenth Amendment.^[2] Its decision rendered Missouri's provision moot.^[1] Before this attempt in 1976 to repeal the unenforceable clause, three previous bills introduced in the legislature failed to be passed by it. At the time of repeal, Missouri was one of 12 states to have a similar law in their state constitution. Some legislators thought the segregation provision was of little importance, while others believed Missouri may have been nationally embarrassed if Amendment 5 failed.^[3]

Senate Joint Resolution No. 40 (SJR 40) and House Joint Resolution No. 64 (HJR 64) placed the measure on the ballot. SJR 40 was introduced by state senators Franklin Payne and George E. Murray, while HJR 64 was introduced by state representatives P. Wayne Goode and S.L. Piekarski, Jr.^[4] The Missouri Senate’s resolution was passed unanimously, while the Missouri House’s was passed by voice vote with a few votes in opposition.^[5]

Arguments from those in support of the amendment included that the provision was outdated,^[6] that it was unenforceable,^[1] and that it was "objectionable and oppressive language".^[3]

The amendment faced no organized opposition.^[3] However, some Missouri politicians privately predicted that voters would reject the amendment because it would be considered by many a referendum on integration.^[3]

The amendment, which appeared on the ballot as part of a primary election on August 3, 1976,^[3] had the following information shown to voters for it:^[10]

Constitutional

Amendment No. 5

(Submitted by the 78th General Assembly)

(Second Regular Session)

Repeals provision of Missouri Constitution which provides "Separate schools shall be provided for white and colored children, except in cases otherwise provided for by law."

[] Yes

[] No

Instructions to voters

If you are in favor of this proposition, place an X in the box opposite "Yes". If you are opposed to this proposition, place an X in the box opposite "No".

The measure repealed Section 1(a), article IX, and replaced it with a section of the same subject.^[11]

Section 1(a). Separate schools shall be provided for white and colored children, except in cases otherwise provided for by law. A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the general assembly shall establish and maintain free public schools for the gratuitous instruction of all persons in this state within ages not in excess of twenty-one years as prescribed by law.

58 counties voted in favor of the measure, and 56 voted against. The highest level of support came from Boone County, with 70.17% in favor, and the lowest level came from Worth County, which had 34.17% in favor.^[13][14][12]

The following table details the results by county of the referendum:^[13][14][12]

The measure failed in mostly-rural counties, and easily passed in more urbanized counties, such as St. Louis, St. Charles, Greene, Buchanan, Platte, and Clay.^[1] Although Boone County had the highest percentage of votes cast in favor of the amendment, with 70.2%,^[15] the Columbia Daily Tribune, in an editorial, focused on those in opposition. The Tribune analyzed that although the amendment had been defunct for over two decades, nearly 5,000 Boone Countians had voted to keep the language in the constitution. This, the Tribune said, "indicates either a gross ignorance of the issue or die-hard racism, either of which is sad to see."^[16]

Both the Kansas City Times and The Kansas City Star prematurely declared that the amendment had failed in Jackson County. The Kansas City Times reported that it had been opposed by 50.7% of voters,^[17] and The Kansas City Star said that it had failed with 48,640 votes cast in support, and 50,020 in opposition.^[18] Returns released by the Missouri Secretary of State show that the amendment received 58,794 votes in favor, and 50,166 against (53.96% to 46.04%).^[13] Similarly, the St. Louis Post-Dispatch also prematurely put Jackson County in the fail column, and they also said the amendment had failed in 47 of the state's 114 counties.^[1] It actually failed in 56.^[15]

An analysis of votes cast by African Americans in the inner-city part of Kansas City showed that many voted against repealing the ban. Harold Holliday Jr., the leader of Freedom, Inc., said that the result was most likely because of voters' natural inclination to be against any and all amendments.^[17]