1976 Missouri Amendment 5

1976 Missouri Amendment 5
August 3, 1976
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."
Results
Choice
 Votes %
Yes 598,897 57.53%
No 442,103 42.47%

1976 Missouri Amendment 5 was a proposed amendment to the Constitution of Missouri to repeal the state's defunct provision requiring separate schools for white and colored children. The amendment was symbolic, as school segregation had been federally illegal since Brown v. Board of Education in 1954. Placed on the ballot by Senate Joint Resolution No. 40, the measure was approved with 57.53% of the vote, though 56 of the state's 114 counties voted against. Supporters included state senators Franklin Payne and Maurice Schechter, while the amendment faced no organized opposition.

Background

Origin

The constitutional provision authorizing segregated schools for white and black children was drafted in 1945.[1]

Brown v. Board of Education

On May 17, 1954, the Supreme Court of the United States ruled in a unanimous decision that segregation in public schools was unconstitutional; the Court rationed 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]

Repeal statistics

Three previous attempts to remove the clause failed. At the time of repeal, Missouri was one of 12 states to have a similar law in their state constitution. Some legislators thought the provision was of little importance, while others believed Missouri may have been nationally embarrassed if the referendum failed.[3]

Legislation for Amendment 5

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 Representatives P. Wayne Goode and S.L. Piekarski, Jr.[4]

Viewpoints

Support

Legislators

State Senator Franklin Payne, an author of one of the bills that placed the amendment on the ballot, believed it was important to repeal this "objectionable and oppressive language from the constitution."[3]

State Senator Maurice Schechter "always" believed the provision should be repealed "because there was no reason to have it there anymore." However, Schechter "thought there would be enough people mad about it to defeat it. They're mad about busing." He felt that some of the negative votes had likely come from confusion, saying, "I never heard anybody talk about it before the election, but I had a feeling it would run into trouble, just like it did in Oklahoma. A lot of voters probably knew nothing about it and voted their first impulse when they saw it on the ballot."[1]

Zack F. Bettis, President of the Missouri State Board of Education believed that repeal of the defunct clause was "long overdue" and he was "happy that this separate but equal concept has had no significant meaning in Missouri's public schools for many years."[3]

Organizations

The Missouri State Board of Education endorsed the amendment.[3]

Newspapers

The Columbia Daily Tribune endorsed the amendment, summarizing it as the removal of "an old section in the constitution proving for racially separate schools" that was "[m]ade moot by the U.S. Supreme Court decision outlawing school segregation."[5]

The Wentzville Union described the existing language as a "vestige of the days of Jim Crow" and said that passage of Amendment 5 would "erase this embarrassing clause."[6]

The Neosho Daily News believed that the amendment spoke for itself, and that it should be approved "to repeal this outdated provision."[7]

Opposition

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 Daily Standard, in an editorial, said that they were going to vote against Amendment 5.[8]

Contents

The following information was shown to voters for the measure:[9]

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".

Results

A report including the election results of certain Missouri counties, and the independent city of St. Louis, of the 7 constitutional amendments on the ballot on August 3, 1976. It also includes summaries of the 7 amendments.

The following table details the results by county:[10][11][12]

County Yes No
# % # %
Adair 2,648 58.74 1,860 41.26
Andrew 1,813 44.74 2,239 55.26
Atchison 960 41.25 1,367 58.75
Audrain 3,850 58.61 2,719 41.39
Barry 2,682 49.41 2,746 50.59
Barton 1,147 50.31 1,133 49.69
Bates 1,832 42.45 2,484 57.55
Benton 1,650 49.64 1,674 50.36
Bollinger 754 38.59 1,200 61.41
Boone 11,616 70.17 4,937 29.83
Buchanan 11,477 54.03 9,765 45.97
Butler 2,717 50.48 2,665 49.52
Caldwell 1,101 42.74 1,475 57.26
Callaway 3,010 57.57 2,218 42.43
Camden 2,554 50.82 2,472 49.18
Cape Girardeau 7,973 61.72 4,946 38.28
Carroll 1,595 45.29 1,927 54.71
Carter 548 48.54 581 51.46
Cass 4,590 49.14 4,750 50.86
Cedar 1,570 51.31 1,490 48.69
Chariton 2,047 50.91 1,974 49.09
Christian 2,760 49.72 2,791 50.28
Clark 592 41.08 849 58.92
Clay 12,040 52.82 10,756 47.18
Clinton 2,338 52.55 2,111 47.45
Cole 10,481 69.47 4,607 30.53
Cooper 1,865 54.26 1,572 45.74
Crawford 1,652 48.69 1,741 51.31
Dade 1,170 53.55 1,015 46.45
Dallas 1,135 38.19 1,837 61.81
Daviess 1,070 42.56 1,444 57.44
DeKalb 1,082 46.22 1,259 53.78
Dent 1,238 38.87 1,947 61.13
Douglas 1,304 44.90 1,600 55.10
Dunklin 3,213 54.78 2,652 45.22
Franklin 7,756 59.52 5,276 40.48
Gasconade 2,135 55.53 1,710 44.47
Gentry 1,054 45.14 1,281 54.86
Greene 27,042 65.96 13,958 34.04
Grundy 1,469 43.94 1,874 56.06
Harrison 1,169 41.71 1,634 58.29
Henry 2,981 49.68 3,020 50.32
Hickory 788 43.20 1,036 56.80
Holt 844 41.99 1,166 58.01
Howard 1,456 53.99 1,241 46.01
Howell 2,697 52.67 2,424 47.33
Iron 1,447 49.22 1,493 50.78
Jackson 58,794 53.96 50,166 46.04
Jasper 8,226 56.51 6,330 43.49
Jefferson 14,703 58.89 10,264 41.11
Johnson 3,200 54.84 2,635 45.16
Knox 644 50.43 633 49.57
Laclede 2,441 46.28 2,833 53.72
Lafayette 3,766 54.71 3,118 45.29
Lawrence 3,930 58.96 2,735 41.04
Lewis 1,135 47.49 1,255 52.51
Lincoln 2,771 49.35 2,844 50.65
Linn 2,268 48.13 2,444 51.87
Livingston 2,872 55.64 2,290 44.36
Macon 2,057 50.18 2,042 49.82
Madison 967 47.36 1,075 52.64
Maries 921 39.90 1,387 60.10
Marion 4,375 58.13 3,151 41.87
McDonald 1,261 44.25 1,589 55.75
Mercer 478 39.37 736 60.63
Miller 1,893 47.60 2,084 52.40
Mississippi 1,758 49.76 1,775 50.24
Moniteau 1,779 52.32 1,621 47.68
Monroe 1,815 58.04 1,312 41.96
Montgomery 1,581 57.24 1,181 42.76
Morgan 1,380 50.29 1,364 49.71
New Madrid 2,634 52.51 2,382 47.49
Newton 2,559 49.14 2,649 50.86
Nodaway 3,082 53.26 2,705 46.74
Oregon 1,074 45.05 1,310 54.95
Osage 2,118 55.04 1,730 44.96
Ozark 855 48.77 898 51.23
Pemiscot 2,195 53.42 1,914 46.58
Perry 2,716 60.45 1,777 39.55
Pettis 4,742 51.29 4,503 48.71
Phelps 4,170 59.08 2,888 40.92
Pike 2,321 53.55 2,013 46.45
Platte 5,210 54.43 4,362 45.57
Polk 2,438 58.08 1,760 41.92
Pulaski 2,289 49.58 2,328 50.42
Putnam 630 45.13 766 54.87
Ralls 1,171 47.78 1,280 52.22
Randolph 3,483 55.08 2,840 44.92
Ray 2,720 49.09 2,821 50.91
Reynolds 835 38.53 1,332 61.47
Ripley 902 44.35 1,132 55.65
St. Charles 18,210 64.48 10,032 35.52
St. Clair 958 42.33 1,305 57.67
St. Francois 5,493 54.25 4,632 45.75
St. Louis County 163,632 66.14 83,785 33.86
St. Louis City 41,486 59.53 28,205 40.47
Ste. Genevieve 2,155 62.52 1,292 37.48
Saline 3,792 51.95 3,507 48.05
Schuyler 668 46.94 755 53.06
Scotland 623 38.24 1,006 61.76
Scott 4,774 55.24 3,868 44.76
Shannon 745 38.52 1,189 61.48
Shelby 1,214 50.10 1,209 49.90
Stoddard 2,497 45.09 3,041 54.91
Stone 1,765 55.61 1,409 44.39
Sullivan 850 40.57 1,245 59.43
Taney 3,016 57.10 2,266 42.90
Texas 2,343 43.36 3,061 56.64
Vernon 2,645 53.09 2,337 46.91
Warren 1,922 58.58 1,359 41.42
Washington 1,445 49.38 1,481 50.62
Wayne 1,048 40.29 1,553 59.71
Webster 1,636 49.32 1,681 50.68
Worth 424 34.17 817 65.83
Wright 1,485 43.90 1,898 56.10
Total 598,897 57.53 442,103 42.47

Aftermath and analysis

The measure repealed Section 1(a), article IX, and replaced it with a section of the same subject.[13]

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.

Vote analysis

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]

Boone County

Although Boone County had the highest percentage of votes cast in favor of the amendment, with 70.2%,[14] 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."[15]

Jackson County

Incorrect calls

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,[16] and The Kansas City Star said that it had failed with 48,640 votes cast in support, and 50,020 in opposition.[17] 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%).[10] 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.[18]

African Americans in Kansas City

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.[16]

See also

References

  1. ^ a b c d e Shirk, Martha (August 8, 1976). "Vote On Segregating Schools Is Embarrassing To Officials". St. Louis Post-Dispatch. Retrieved January 25, 2026.
  2. ^ "Brown v. Board of Education (1954)". National Archives. Retrieved January 26, 2026.
  3. ^ a b c d e f Mitchell, T. Wayne (July 27, 1976). "State Voters to Be Asked To Outlaw Segregation". Newspapers. Retrieved November 17, 2025.
  4. ^ "1976 Senate Journal, Volume 2". Missouri Digital Heritage. Retrieved October 28, 2025.
  5. ^ "Tribune endorsements". Columbia Daily Tribune. August 1, 1976. Retrieved January 25, 2026.
  6. ^ "The Seven Amendments". The Wentzville Union. July 28, 1976. Retrieved January 25, 2026.
  7. ^ "The amendments deserve attention". The Neosho Daily News. August 2, 1976. Retrieved January 25, 2026.
  8. ^ "POOR CHARLIE SAYS!". The Daily Standard. August 1, 1976. Retrieved January 25, 2026.
  9. ^ "Here's the lineup of ballots you'll face at the polls Tuesday..." Springfield News-Leader. August 2, 1976. Retrieved January 9, 2026.
  10. ^ a b "VOTE ON PROPOSED CONSTITUTIONAL AMENDMENTS NOS. 1, 2, 3, 4, 5, 6, AND 7 AT SPECIAL ELECTION TUESDAY, AUGUST 3, 1976". Missouri Digital Heritage. 1978. p. 1255. Retrieved January 25, 2026.
  11. ^ "PRIMARY ELECTION RETURNS". Missouri Digital Heritage. 1978. p. 1256. Retrieved January 25, 2026.
  12. ^ "VOTE ON PROPOSED CONSTITUTIONAL AMENDMENTS". Missouri Digital Heritage. 1978. p. 1978. Retrieved January 25, 2026.
  13. ^ "Proposed Amendments to the Constitution of Missouri". Reynolds County Courier. June 24, 1976. Retrieved January 25, 2026.
  14. ^ "1976 Referendum Open Primary Election Results - Missouri". Dave Leip's Atlas of U.S. Presidential Elections. Archived from the original on October 5, 2025. Retrieved October 5, 2025.
  15. ^ "The seven amendments". Columbia Daily Tribune. August 6, 1976. Retrieved January 25, 2026.
  16. ^ a b Garron, Barry (August 11, 1976). "Blacks Against Change In Segregation Wording". Kansas City Times. Retrieved January 25, 2026.
  17. ^ Schlinkmann, Mark (August 4, 1976). "Voters Soundly Reject Aid to Private Schools". The Kansas City Star. Retrieved January 25, 2026.
  18. ^ "1976 Referendum Open Primary Election Results - Missouri". Dave Leip's Atlas of U.S. Presidential Elections. Retrieved January 25, 2026.
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