1976 Missouri Amendment 5

Referendum to repeal segregation requirement November 2025 November 2025 August 3, 1976 1976 Missouri Amendment 5 Missouri 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." 598897 442103 File:1976_Missouri_Amendment_5_results_map_by_county.svg County results Yes #47729E 70–80% #7D9CBB 60–70% #B6C8D9 50–60% No #BCBC83 60–70% #DEDEBD 50–60% 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 SJR 40 and HJR 64, 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 Legal history The constitutional provision authorizing segregated schools for white and black children was drafted in 1945. 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.Brown v. Board of Education (1954) https://www.archives.gov/milestone-documents/brown-v-board-of-education January 26, 2026 National Archives Its decision rendered Missouri's provision moot. 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. 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 state representatives P. Wayne Goode and S.L. Piekarski, Jr.1976 Senate Journal, Volume 2 https://mdh.contentdm.oclc.org/digital/collection/senatej/id/211399/rec/1 28 October 2025 Missouri Digital Heritage 1,342 The Missouri Senate’s resolution was passed unanimously, while the Missouri House’s was passed by voice vote with a few votes in opposition.March 3, 1976 House For End To Language Of Segregation https://www.newspapers.com/article/mexico-ledger-house-for-end-to-language/195758576/ April 14, 2026 Mexico Ledger Newspapers.com Associated Press Endorsements Support Arguments from those in support of the amendment included that the provision was outdated, that it was unenforceable, and that it was "objectionable and oppressive language". Yes ;State legislators Franklin Payne, state senator from the 4th district (1970–1977) (#CEE0F2 Democratic)Mitchell T. Wayne 27 July 1976 State Voters to Be Asked To Outlaw Segregation https://www.newspapers.com/article/the-kansas-city-times-state-voters-to-be/195758622/ 17 November 2025 The Kansas City Times Newspapers.com Maurice Schechter, state senator from the 13th district (1961–1976) (#CEE0F2 Democratic)Shirk Martha August 8, 1976 Vote On Segregating Schools Is Embarrassing To Officials https://www.newspapers.com/article/st-louis-post-dispatch-vote-on-segregat/195758683/ January 25, 2026 3A St. Louis Post-Dispatch Newspapers.com Statewide officials Zack Bettis, president of the Missouri State Board of Education Organizations Missouri State Board of Education Newspapers Columbia Daily Tribune1 August 1976 Tribune endorsements https://www.newspapers.com/article/columbia-daily-tribune-tribune-endorseme/195758720/ 25 January 2026 Columbia Daily Tribune Newspapers.com The Neosho Daily NewsAugust 2, 1976 The amendments deserve attention https://www.newspapers.com/article/the-neosho-daily-news-the-amendments-des/195758760/ January 25, 2026 The Neosho Daily News Newspapers.com The Wentzville UnionJuly 28, 1976 The Seven Amendments https://www.newspapers.com/article/the-wentzville-union-the-seven-amendment/195758803/ January 25, 2026 The Wentzville Union Newspapers.com Opposition The amendment faced no organized opposition. However, some Missouri politicians privately predicted that voters would reject the amendment because it would be considered by many a referendum on integration. No ;Newspapers The Daily StandardAugust 1, 1976 XXX https://www.newspapers.com/article/the-daily-standard-endorsements/195758489/ January 25, 2026 The Daily Standard Newspapers.com Contents and amendment The amendment, which appeared on the ballot as part of a primary election on August 3, 1976, had the following information shown to voters for it:2 August 1976 Here's the lineup of ballots you'll face at the polls Tuesday... https://www.newspapers.com/article/springfield-leader-and-press-constitutio/195758862/ 9 January 2026 Springfield News-Leader Newspapers.comConstitutional 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". Amendment The measure repealed Section 1(a), article IX, and replaced it with a section of the same subject.June 24, 1976 Proposed Amendments to the Constitution of Missouri https://www.newspapers.com/article/reynolds-county-courier-proposed-amendme/195758944/ January 25, 2026 Reynolds County Courier Newspapers.comSection 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. Results thumb|200px|Results by ward of Kansas CityAugust 11, 2026 1976 Missouri Amendment 5 -- Kansas City https://docs.google.com/spreadsheets/d/1Ynmyd2egBVdeoCkjap8CDTbGyvK5ZdlOtKYom3FRPlg/edit?usp=sharing August 11, 2026 #B6C8D9 Yes #7D9CBB 60–70% #B6C8D9 50–60% #DEDEBD No #BCBC83 60–70% #DEDEBD 50–60% 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. The following table details the results by county of the referendum:1978 Primary Election Returns https://mdh.contentdm.oclc.org/digital/collection/bluebook/id/47228 January 25, 2026 Missouri Digital Heritage 12561978 Vote on Proposed Constitutional Amendments https://mdh.contentdm.oclc.org/digital/collection/bluebook/id/47229 January 25, 2026 Missouri Digital Heritage 1978 CountyYesNo#%#%Adair2,64858.741,86041.26Andrew1,81344.742,23955.26Atchison96041.251,36758.75Audrain3,85058.612,71941.39Barry2,68249.412,74650.59Barton1,14750.311,13349.69Bates1,83242.452,48457.55Benton1,65049.641,67450.36Bollinger75438.591,20061.41Boone11,61670.174,93729.83Buchanan11,47754.039,76545.97Butler2,71750.482,66549.52Caldwell1,10142.741,47557.26Callaway3,01057.572,21842.43Camden2,55450.822,47249.18Cape Girardeau7,97361.724,94638.28Carroll1,59545.291,92754.71Carter54848.5458151.46Cass4,59049.144,75050.86Cedar1,57051.311,49048.69Chariton2,04750.911,97449.09Christian2,76049.722,79150.28Clark59241.0884958.92Clay12,04052.8210,75647.18Clinton2,33852.552,11147.45Cole10,48169.474,60730.53Cooper1,86554.261,57245.74Crawford1,65248.691,74151.31Dade1,17053.551,01546.45Dallas1,13538.191,83761.81Daviess1,07042.561,44457.44DeKalb1,08246.221,25953.78Dent1,23838.871,94761.13Douglas1,30444.901,60055.10Dunklin3,21354.782,65245.22Franklin7,75659.525,27640.48Gasconade2,13555.531,71044.47Gentry1,05445.141,28154.86Greene27,04265.9613,95834.04Grundy1,46943.941,87456.06Harrison1,16941.711,63458.29Henry2,98149.683,02050.32Hickory78843.201,03656.80Holt84441.991,16658.01Howard1,45653.991,24146.01Howell2,69752.672,42447.33Iron1,44749.221,49350.78Jackson58,79453.9650,16646.04Jasper8,22656.516,33043.49Jefferson14,70358.8910,26441.11Johnson3,20054.842,63545.16Knox64450.4363349.57Laclede2,44146.282,83353.72Lafayette3,76654.713,11845.29Lawrence3,93058.962,73541.04Lewis1,13547.491,25552.51Lincoln2,77149.352,84450.65Linn2,26848.132,44451.87Livingston2,87255.642,29044.36Macon2,05750.182,04249.82Madison96747.361,07552.64Maries92139.901,38760.10Marion4,37558.133,15141.87McDonald1,26144.251,58955.75Mercer47839.3773660.63Miller1,89347.602,08452.40Mississippi1,75849.761,77550.24Moniteau1,77952.321,62147.68Monroe1,81558.041,31241.96Montgomery1,58157.241,18142.76Morgan1,38050.291,36449.71New Madrid2,63452.512,38247.49Newton2,55949.142,64950.86Nodaway3,08253.262,70546.74Oregon1,07445.051,31054.95Osage2,11855.041,73044.96Ozark85548.7789851.23Pemiscot2,19553.421,91446.58Perry2,71660.451,77739.55Pettis4,74251.294,50348.71Phelps4,17059.082,88840.92Pike2,32153.552,01346.45Platte5,21054.434,36245.57Polk2,43858.081,76041.92Pulaski2,28949.582,32850.42Putnam63045.1376654.87Ralls1,17147.781,28052.22Randolph3,48355.082,84044.92Ray2,72049.092,82150.91Reynolds83538.531,33261.47Ripley90244.351,13255.65St. Charles18,21064.4810,03235.52St. Clair95842.331,30557.67St. Francois5,49354.254,63245.75St. Louis County163,63266.1483,78533.86St. Louis City41,48659.5328,20540.47Ste. Genevieve2,15562.521,29237.48Saline3,79251.953,50748.05Schuyler66846.9475553.06Scotland62338.241,00661.76Scott4,77455.243,86844.76Shannon74538.521,18961.48Shelby1,21450.101,20949.90Stoddard2,49745.093,04154.91Stone1,76555.611,40944.39Sullivan85040.571,24559.43Taney3,01657.102,26642.90Texas2,34343.363,06156.64Vernon2,64553.092,33746.91Warren1,92258.581,35941.42Washington1,44549.381,48150.62Wayne1,04840.291,55359.71Webster1,63649.321,68150.68Worth42434.1781765.83Wright1,48543.901,89856.10Total598,89757.53442,10342.47 Aftermath and analysis 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. Although Boone County had the highest percentage of votes cast in favor of the amendment, with 70.2%,1976 Referendum Open Primary Election Results - Missouri https://uselectionatlas.org/RESULTS/state.php?fips=29&year=1976&f=0&off=56&elect=5 live https://web.archive.org/web/20251005031854/https://uselectionatlas.org/RESULTS/state.php?fips=29&year=1976&f=0&off=56&elect=5 5 October 2025 5 October 2025 Dave Leip's Atlas of U.S. Presidential Elections 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."https://www.newspapers.com/article/columbia-daily-tribune-the-seven-amendme/195759043/ The seven amendments 6 August 1976 25 January 2026 Columbia Daily Tribune Newspapers.com 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,https://www.newspapers.com/article/the-kansas-city-times-blacks-against-cha/195759113/ Blacks Against Change In Segregation Wording 11 August 1976 25 January 2026 Kansas City Times Newspapers.com Garron Barry and The Kansas City Star said that it had failed with 48,640 votes cast in support, and 50,020 in opposition.https://www.newspapers.com/article/the-kansas-city-star-voters-soundly-reje/195759257/ Voters Soundly Reject Aid to Private Schools 4 August 1976 25 January 2026 The Kansas City Star Newspapers.com Schlinkmann Mark 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%).https://mdh.contentdm.oclc.org/digital/collection/bluebook/id/47227 Vote on Proposed Constitutional Amendments Nos. 1, 2, 3, 4, 5, 6, and 7 at Special Election Tuesday, August 3, 1976 25 January 2026 Missouri Digital Heritage 1255 1978 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. It actually failed in 56. 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. Subsequent polling A 1989 poll conducted on Kansas City residents by The Kansas City Star asked the following two questions:Sanchez Mary October 22, 1989 Stark division of the races exists in Kansas City area districts https://www.newspapers.com/article/the-kansas-city-star-desegregation-stil/195759313/ March 17, 2026 The Kansas City Star Newspapers.comDo you consider segregation a problem in your local schools? +ResultsRaceYesNoNot sureBlack people36568White people236214 In your opinion, does the mixing of races in schools improve education? +ResultsRaceYesNoNot sureBlack people58348White people463915 See also History of education in Missouri Racial segregation in the United States References Category:Segregation Category:1976 in Missouri Category:Amendments to the Constitution of Missouri Category:1976 ballot measures in the United States