In the November 2022 midterm elections, the subject of involuntary servitude and slavery was on the ballot in four states. Often referred to as “prison labor,” the concept around this exception is that it is illegal to force people to work with no pay, except when making them do so is used as a punishment for incarcerated individuals, hence the legal exception. But in 2022, Alabama, Oregon, Tennessee, and Vermont joined the ranks of states that outlaw prison labor. If prisons want inmates to work, they must pay them and it must be voluntary. As of 2022, only 16 states in the U.S. still allow for prison labor, with future ballot measures in the works in some of those states too.

Details of the Recent Developments

The four approved measures won’t force immediate changes in the states’ prisons as most prisons have shifted away from involuntary servitude, but the approved measures serve as a warning to prisons that if the prisons implement coercive labor conditions in the future, they will invite serious legal repercussions.

The legislative victories (all four states saw voters overwhelmingly reject prison labor) are now being used as a springboard for an effort to revise the U.S. Constitution to remove forced prison labor as the sole exception to the 13th Amendment that ended slavery in 1865. “Voters in Oregon and other states have come together across party lines to say that this stain must be removed from state constitutions,” said Oregon Sen. Jeff Merkley. “Now, it is time for all Americans to come together and say that it must be struck from the U.S. Constitution. There should be no exceptions to a ban on slavery.” Sen. Merkley and Rep. Nikema Williams of Georgia have reintroduced legislation to revise the 13th Amendment to remove the slavery exception regarding involuntary servitude for prisoners. If the legislation wins approval in Congress, it must be ratified by three-fourths of U.S. states.¹

Inmates working. Image Courtesy of BOP.gov

According to the prison reform advocates who ensured the proposals would be on the ballot in 2022, coercive and unpaid prison labor is a multibillion-dollar practice. Further, even when prisoners are paid, they’re often given pennies per hour of labor provided. Prisoners who refuse are often punished with denied privileges or solitary confinement. Ballot measures that remove these “slavery exceptions” are hailed as victories for human rights because they restore the dignity of those serving time. “Even if they broke the law, they are still humans,” is the shared mantra of nationwide advocacy groups pushing for a total abolishment of involuntary servitude.

Vermont

Vermont was the first state to abolish slavery in 1777. Until recently, the state’s constitution explicitly stated that no person 21 or older could serve as an enslaved person unless bound by their consent or “by law for the payment of debts, damages, fines, costs, or the like.” The 2022 ballot measure approved an amendment to the state’s constitution that removes the quoted language and adds new language saying slavery and indentured servitude in any form are banned. “We think it shows how forward thinking and good-natured Vermonters are and we’re looking forward to using it as a springboard to do a lot of work on dismantling systemic racism going forward,” said Debbie Ingram, executive director of Vermont Interfaith Action, a former state senator, and one of the leading figures who sponsored the proposal.

Vermont’s ballot proposal was titled “Vermont Proposal 2, Prohibit Slavery and Indentured Servitude Amendment.” A “yes” vote was defined for voters as follows:²

“[supporting] amending the state constitution to repeal language stating that persons could be held as servants, slaves, or apprentices with the person’s consent or ‘for the payments of debts, damages, fines, costs, or the like’ and add ‘slavery and indentured servitude in any form are prohibited.’”

A “no” vote was defined for voters as follows:

“[opposing] amending the state constitution to remove language that allows the use of slavery and involuntary servitude as criminal punishments.”

In Vermont, 238,466 people voted “yes,” and just 30,335 voted “no,” carrying the ballot proposal forward by a margin of 77 points.

Oregon

Oregon’s ballot proposal was titled, “Oregon Measure 112, Remove Slavery as Punishment for Crime from Constitution Amendment (2022).” A “yes” vote was defined for voters as:³

“[repealing] language from the state constitution that allows the use of slavery and involuntary servitude as criminal punishments [and] adding language that authorizes an Oregon court or a probation or parole agency to order alternatives to incarceration for a convicted individual as part of their sentencing.”

A “no” vote was defined as:

“[opposing] this amendment to repeal language from the state constitution that prohibits slavery or involuntary servitude except as punishment for a crime.”

In Oregon, 1,047,028 people voted “yes,” and 836,295 voted “no,” carrying the ballot proposal forward by a margin of 11 points.

Tennessee

Tennessee’s ballot proposal was titled, “Tennessee Constitutional Amendment 3, Remove Slavery as Punishment for Crime from Constitution Amendment (2022).” A “yes” vote was defined for voters as:⁴

“[supporting] amending the state constitution to remove language that allows the use of slavery and involuntary servitude as criminal punishments and replacing it with the statement, ‘Slavery and involuntary servitude are forever prohibited.’”

A “no” vote was defined as:

“[opposing] amending the state constitution to remove language that allows the use of slavery and involuntary servitude as criminal punishments.”

In Tennessee, 1,294,296 people voted “yes,” and 333,071 voted “no,” carrying the ballot proposal forward by 59 points.

Alabama

Alabama’s ballot proposal was titled “Alabama Recompiled Constitution Ratification Question (2022).” A “yes” vote was defined for voters as:⁵

“[supporting] ratifying the Constitution of Alabama of 2022, an updated and recompiled state constitution that was drafted to do the following: arrange it in proper articles, parts, and sections; remove all racist language; delete duplicative and repealed provisions; consolidate provisions regarding economic development; and arrange all local amendments by county of application.”

Part of the racist language targeted by the ballot proposal included a line in Alabama’s constitution that reads “that no form of slavery shall exist in this state; and there shall not be any involuntary servitude, otherwise than for the punishment of crime, of which the party shall have been duly convicted.”

A “no” vote was defined as:

“[opposing] adopting the proposed recompiled and updated state constitution.”

In Alabama, 888,456 people voted “yes,” and 273,040 voted “no,” carrying the ballot proposal by 53 points.

Looking to the Future

Despite the four states being quite different from one another, all four passed their proposals by overwhelming margins, suggesting the American people have a dramatically different view about forced prison labor than they once did. This is a step in the right direction, as only by rehabilitating inmates can there be hope for changing them for the better, not by compelling them to work against their will. When inmates are given the tools they need to live better lives, they do just that. Giving them those tools should be the focus of prisons.

Sources:

1. APNews. “Slavery, involuntary servitude rejected by 4 states’ voters.” AP News, 2022. apnews.com
2. BP. “Vermont Proposal 2, Prohibit Slavery and Indentured Servitude Amendment (2022).” Ballotpedia, 2022. ballotpedia.org
3. BP. “Oregon Measure 112, Remove Slavery as Punishment for Crime from Constitution Amendment (2022).” Ballotpedia, 2022. ballotpedia.org
4. BP. “Tennessee Constitutional Amendment 3, Remove Slavery as Punishment for Crime from Constitution Amendment (2022).” Ballotpedia, 2022. ballotpedia.org
5. BP. “Alabama Recompiled Constitution Ratification Question (2022).” Ballotpedia, 2022. ballotpedia.org