Segregated Schooling in Alabama

Legacy of Segregation: Black Students, Selma 1965, and Alabama’s Ongoing Educational Divide

In 1965, a group of Black students gathered outside their segregated school in Selma, Alabama—an iconic moment that captured both the pain of institutionalized racism and the resilience of a generation determined to claim their right to equality. This image, rooted in the deeply divided world of Jim Crow-era America, continues to haunt the state’s educational landscape even in the 21st century.

More than just a historical photo, this moment speaks to the decades-long battle Black students and their communities have waged for justice in public education. Despite federal mandates to desegregate schools following the 1954 Brown v. Board of Education Supreme Court decision, Alabama resisted with legislative tenacity—and, astonishingly, continues to do so even in the modern age.

A Constitution Written for Segregation

The roots of school segregation in Alabama run deep. Article XIV, Section 256 of the Alabama Constitution of 1901 explicitly mandated racial segregation in public schools. The language was stark:

“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.”

This wasn’t just social policy—it was codified law, designed to preserve white supremacy by institutionalizing educational inequality. In 1954, as the winds of change began to stir with the Brown ruling, Alabama lawmakers doubled down. They inserted additional language into Section 256, clarifying that the Alabama Constitution did not guarantee the right to a public education.

This 1954 clause wasn’t just symbolic; it served as a legal mechanism to allow the state to dismantle its public school system altogether rather than integrate. This radical move exemplified just how far some were willing to go to maintain racial divisions in schools.

The 2004 Referendum: An Opportunity Rejected

Fast-forward to November 2, 2004. Alabamians were presented with a proposed amendment that would have finally struck both the 1901 segregationist language and the 1954 anti-education clause from the state’s constitution.

Proponents saw this as a moral and symbolic victory—a long-overdue reckoning with Alabama’s dark legacy of school segregation. Removing the language would not only cleanse the document of racist ideology but also reflect the state’s progress and commitment to equity.

But not everyone agreed.

Opponents, particularly some conservative political voices, warned that removing the 1954 clause could imply a constitutional guarantee to public education. They argued this could open the state up to lawsuits and possibly lead to tax increases to support a more equitable public school system. In a state already suspicious of federal mandates and wary of tax hikes, this rhetoric resonated.

The result? The amendment failed—by just 1,850 votes. That’s 0.13% of the total vote. A mere fraction of the electorate allowed segregationist language to remain in the state’s governing document.

A Second Chance, Another Rejection

In 2012, Alabama voters had another chance to reject school segregation outright. Another amendment aimed to remove the outdated, unenforceable, yet symbolically potent provisions of Section 256. Once again, voters declined to pass the amendment.

While the courts had long since rendered the segregation clause unenforceable, the fact that it remained in the Constitution spoke volumes. It sent a message—not just to Black Alabamians, but to the rest of the country—about the state’s unresolved relationship with its segregated past.

Segregation Today: Separate and Unequal

Some may argue these constitutional provisions are relics of the past. But the legacy of segregation in public education is very much alive.

In 2018, 90.34% of the students attending Alabama’s 75 "failing" schools were African American. These schools—underfunded, understaffed, and often neglected—represent the modern face of segregation. It may no longer be legal to assign children to schools based on race, but residential segregation, economic disparities, and policy inertia have preserved the status quo in all but name.

Black students in Alabama still face systemic barriers to quality education. From outdated textbooks and crumbling buildings to underqualified teachers and limited access to advanced courses, the conditions echo those of 1965 Selma—only now cloaked in the appearance of legality.

Why Language Still Matters

Some might question the importance of removing a few lines from an outdated document. But language, especially in a founding legal framework, shapes perception, policy, and power. As long as Alabama’s Constitution continues to carry the stain of segregationist ideology, it remains a monument to resistance against racial equality.

It’s not just about what the law enforces—it’s about what the law affirms. And in this case, the constitution still affirms the legacy of white supremacy in education.

A Call to Action

Revisiting that image of Black students in Selma, standing outside their segregated school in 1965, we are reminded that the struggle for educational equity is far from over. The fight is no longer just about access to a classroom—but about access to a future: one where opportunity, dignity, and justice are not determined by zip code or skin color.

Until Alabama fully reconciles with its past—not only in practice but in principle—its schools will continue to reflect a nation still wrestling with the promises of equality.