Leading opponents, such as Alabama Christian Coalition President John Giles, said they did not object to removing the passage about separate schools for "white and colored children." But, employing an argument ridiculed by legal experts, Giles and others said guaranteeing a right to a public education would have opened a door for "rogue" federal judges to order the state to raise taxes to pay for better schools.

Arguing that the amendment could lead to higher taxes is a potent strategy in Alabama, which rejected a record $1.2 billion tax increase proposed last year by Gov. Bob Riley, a conservative Republican, to pay for better schools and lessen the tax burden on the poor.