Voters in four states approved ballot measures to prohibit slavery as a punishment for crimes in amendments to their state constitutions.
Alabama, Oregon, Tennessee, and Vermont constituents voted on measures that would curtail the use of prison labor.
However, voters in Louisiana, who also faced a similar question on the ballot, rejected banning involuntary servitude as punishment for a crime. Nearly 60% of the state’s voters rejected the measure after one of its main sponsors reversed support of it last month, noting that a “yes” vote could actually be used to permit forms of slavery again.
WHY SLAVERY IS ON THE BALLOT IN FIVE STATES THIS YEAR
The approved measures will not immediately affect the state prison system, but they could lead to legal challenges about prisoners being forced to work under the threat of sanctions or loss of certain privileges if they refuse to work.
Although the 13th Amendment of the Constitution abolished slavery in 1865, after the Civil War, it did not prohibit involuntary servitude for a crime. States throughout the country have similar language in state constitutions, which has prompted advocates to seek changes or removals of those provisions. Some also support updating the U.S. Constitution by amending the language of the 13th Amendment.
Around 20 states have constitutions containing explicit language permitting slavery and involuntary servitude as criminal punishments. Colorado became the first state in 2018 to start the trend of ballot measures removing language from the state constitution allowing for prison labor. Two years later, Utah and Nebraska approved similar ballot initiatives.
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Efforts to end prison labor have gone on since the late 19th century, as the former Confederate states sought ways to maintain the use of slavery following the Civil War. Some Southern states relied on racist laws known as “Black Codes” to imprison and reenslave African Americans.
Prison labor has grown into a multibillion-dollar industry despite the fact that workers often make just pennies for their work while incarcerated. Prisoners who refuse work can be denied privileges like visits with family and phone calls and can also face solitary confinement for refusing to work.
