Chip Brownlee and Hayden Crigler

Special to the Advertiser

Alabama voters approved four constitutional amendments Tuesday, including one intended to give public officials the authority to display the Ten Commandments on public property.

Amendment 1 won approval with 71 percent of the vote. Amendment 2, an anti-abortion amendment, had 59 percent.

Amendments 3 and 4 got about 60 percent of the vote.

Results:2018 Alabama election voting totals

Supporters and critics of the first two amendments disagree about how impactful they would be. Supreme Court rulings, which take precedent over the Alabama Constitution, already prohibit displaying the Ten Commandments on public property for a religious purpose and protect abortion rights nationally.

The ballot language of Amendment 1 authorized display of the Decalogue on public property, including schools, but said state money couldn't be used to defend the amendment if it were to be challenged in court.

More:Alabama Supreme Court Chief Justice: Tom Parker nabs top judicial seat

The amendment’s sponsor, Sen. Gerald Dial, said its passage will send a message.

“I think this sends a strong message not only to the state but to the whole nation that this country is founded upon the principle of the Ten Commandments, and I think it will be a step forward,” Dial said.

The full text of the amendment, which wasn't on the ballot, also included language authorizing the displays only "in a manner that complies with constitutional requirements."

“It just means you can place it with the Bill of Rights, you can place it with the Preamble to the Constitution or any kind of document that a document or teacher places in a public building,” Dial said, adding that the constitutional language was added later in the process in case the amendment is challenged in court.

More:Voters make it official: Kay Ivey is governor

Left-leaning groups opposed Amendments 1 and 2.

“The government is still prohibited from displaying the Ten Commandments if it would violate the U.S. Constitution,” said the ACLU of Alabama, which has opposed the amendment, in a statement. “What is likely, however, is that its passage will encourage public bodies to erect constitutionally questionable religious displays featuring the Ten Commandments and give officials false comfort that they will be safe from costly litigation as a result. They will not be.”

While the amendment prohibits public money being spent to defend the measure, the ACLU said local public bodies, like local school districts, may be forced to hire legal counsel to defend specific public displays of the Ten Commandments, which could end up costing taxpayer money.

Amendment 2 essentially declares Alabama a "pro-life" state, affirming that it is "the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children."

Opponents said the amendment could pave the way for the state government to ban abortion.

The bill's sponsor, Rep. Matt Friday, R-Montevallo, has said he proposed the legislation authorizing the amendment to go on the ballot in an effort to prepare for the chance that the Supreme Court — now with a conservative majority — could overturn Roe v. Wade and other precedent protecting access to an abortion.

Both supporters and opponents of the amendment have pointed to the possibility that it could serve as a pathway to limit abortion access in Alabama should the Supreme Court choose to overturn abortion protections nationally.

“Tonight was an overwhelming victory for life,” said Twinkle Cavanaugh, who has co-headed a coalition supporting the amendment. “Obviously our Legislature will have to take the next step. We’ll have to wait and see what happens on the national level. But I believe with President Trump’s help in appointing Justice Kavanaugh and our new Supreme Court, life has a fighting chance now because the conservatives have stepped up to the plate and done what’s right.”

The ACLU said it fears the amendment could give lawmakers latitude to outlaw abortion.

“Our worry is that this amendment will prove to be much more insidious than it seems at face value, touching on much more about healthcare than just abortion,” the ACLU said in a statement. “We hope that Alabama legislators will commit to ensuring that any clarification on this amendment will take into account the importance of having access to safe, high quality reproductive care in our state.”

Two other amendments were also on the ballot.

Amendment 3, which got 60 percent of the vote, insulates the University of Alabama's board of trustees from any changes to Alabama's congressional districts after the 2020 census.

The current composition of Alabama's board is based on the state's seven congressional districts. If the amendment didn't pass, the board could lose membership if Alabama loses a congressional district after the census.

Some state officials have warned that is a possibility because Alabama hasn’t grown as fast as some other states.

Amendment 4, which received 66 percent off the vote, alters the way Alabama fills legislative vacancies. It provides that vacancies in the Alabama Senate or House would go unfilled until the next regularly scheduled election if the vacancy occurred after Oct. 1 of the year before that election.

The governor would no longer call a special election when a legislative vacancy occurred within 13 months of the end of a four-year legislative term.

