November 6, 1990 | |||||||||||||
| Results | |||||||||||||
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| Source:Secretary of State of Arkansas[1] | |||||||||||||
1990 Arkansas Amendment 3 was a ballot measure on the November 6, 1990, general election ballot to amend theConstitution of Arkansas to repeal Amendment 44, which was intended to allow the state tonullify federalintegration laws. Amendment 44 had previously been overturned in 1989 by a federal court, but was still part of the state constitution. The ballot measure passed with 50.96% of the vote, repealing Amendment 44.
In 1954, theUS Supreme Court ruled inBrown v. Board of Education that state laws preventingracial integration are incompatible with theUS Constitution. In response, theUS federal government began requiring states to racially integrate theirpublic education systems. In opposition to this ruling, thelegislature of Arkansas proposed an amendment,1956 Arkansas Amendment 47, to theConstitution of Arkansas. The amendment stated that Arkansas caninterpose any federally-mandated racial integration, thereby preventing it from occurring in the state. The amendment waslegislatively referred to voters, who approved it in 1956 by 56% to 44%. It was therefore incorporated into the Arkansas constitution, as Amendment 44.[2]
Amendment 44 was challenged in the 1989 legal caseDietz v. State of Arkansas, which was heard in theUnited States District Court for the Eastern District of Arkansas. JudgeHenry Woods ruled the amendment unconstitutional, because it violated theSupremacy Clause of the US Constitution.[3] Following this, theArkansas General Assembly referred Amendment 3 to the 1990 ballot, to remove the outdated text from the constitution.Lloyd R. George, who sponsored the amendment in the legislature, wrote that "it's terrible that it's on the books and used in a court case as reflecting on the attitude of the people of Arkansas", and strongly urged its repeal.[4] The amendment had been ignored by state officials since its passing in 1956.[5]
The amendment appeared on the ballot as follows:[6]
Amendment 44 to the Arkansas Constitution is hereby repealed.
There was no significant campaign either for or against the amendment.The Baxter Bulletin endorsed the amendment, writing that it deserves passage "even if some may only see it as a symbolic gesture".[4] The strongest opposition came from John Norman Warnock ofCamden, Arkansas. Warnock, who was an activesegregationist throughout the 1960s and 1970s, aired ads in the week leading up to the election urging voters to reject Amendment 3, as well as the other statewide ballot measures.[5]
| Choice | Votes | % |
|---|---|---|
 Yes | 273,527 | 50.96 |
| No | 263,261 | 49.04 |
| Total votes | 536,788 | 100.00 |
Amendment 3 passed narrowly with 50.96% of the vote.[1] The amendment's narrow margin was attributed both towhiteracial resentment and general unfamiliarity with the measure, as it failed in some majorityblack precincts.[7]
