Amendment will remove the word “orphan” from the Alabama Constitution

MONTGOMERY, Ala. (WSFA) – A “yes” vote on Amendment 5 will remove the term “orphan affairs” from the Alabama Constitution because the term “orphan” is no longer used.

“There is nothing in Alabama law that deals with orphans, so there is no orphans’ ward, no orphan law here in Alabama like there is,” the judge said. Montgomery County probate, JC Love.

Here’s what the November 8 ballot will read: “To propose an amendment to the Alabama Constitution of 1901, to remove a provision giving the probate court of each county general jurisdiction over the affairs of orphans.”

This removal will reflect how juvenile cases are currently handled and will not change the powers of a probate judge.

“And so the treatment of minors as well as disabled people as well as wills and administrations is covered by other sections of the code,” Love said.

The removal of the language is part of a larger effort to make changes to Alabama’s constitution. This change was initiated by the Alabama Law Institute.

“One of the jobs of the law institute is to seek out obsolete provisions in the Constitution’s code and revise or remove them where possible,” said the institute’s David Kimberley.

“Just looking at the function of offices and how they work, I just made an effort to remove unnecessary, harmful, or hateful language from our constitution,” Love said.

When the amendment was in the state house, it passed overwhelmingly.

You can read the full amendment here.

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