Voters Approve Anti-Slavery Ballot Measures in 4 States
On Tuesday, voters in Alabama, Tennessee, Vermont, and Oregon approved ballot measures that removed exceptions to anti-slavery laws in their state's constitutions, effectively banning forced prison labor.

Tuesday was a great night for prison reform advocates, as four states approved ballot measures banning slavery or indentured servitude as punishment for a crime.
Voters in Alabama, Tennessee, Vermont, and Oregon approved measures prohibiting the practice. A similar measure in Louisiana—which some prison-labor advocates argued was poorly worded and likely to create further issues—failed. Such solid victories, even in red states, show that a narrow criminal justice issue can be broadly popular with voters.
In Alabama, 76 percent voters, as of Wednesday morning, supported a measure to remove language in the state constitution that allowed slavery and involuntary servitude as punishment for a crime. This question was part of a broad ballot measure, the Alabama Recompiled Constitution Ratification Question, which sought to reorganize the state's notoriously messy constitution, as well as "[remove] racist language," including the state's slavery exception.
In Tennessee and Vermont, ballot measures deleting those states' slavery exceptions also passed handily—with the vote count on Wednesday morning showing nearly 80 and 90 percent support, respectively. A measure in Oregon, also removing an exception to the state's anti-slavery constitutional provision, passed with a much slimmer majority, despite no formal "vote no" campaign.
While Louisiana's anti-slavery measure failed, prison reformers didn't want it to pass. The ballot measure would've removed language from the state's construction permitting "involuntary servitude" as punishment for a crime and replaced it with language saying that the state constitution's ban on slavery and involuntary servitude "does not apply to the otherwise lawful administration of criminal justice." The measure thus appeared to supplant one slavery exception for another.
"The way that the ballot language is stated is confusing," Louisiana State Rep. Edmond Jordan (D–29), who introduced the proposed amendment, said in a statement to KSLA News 12. "Because of the ambiguity of how it was drafted, I'm asking that people vote against it so that we can go and clean it up with the intent of bringing it back next year and making sure that the language is clear and unambiguous." The no votes were leading with 60 percent as of Wednesday morning.
While involuntary servitude for the incarcerated is federally legal under the 13th Amendment, several states have banned the practice since 2018. While prison labor is an $11 billion industry, the success of anti-slavery ballot measures shows that voters do not see forced labor as just.
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Man, I really question this thing of using the phrase "anti-slavery" to describe this. I think this is pretty bad rhetorical style.
Hey, it worked, didn't it?
You can't make legislative omelets without breaking the eggs of strict accuracy.
Actually, in the case of the propositions passed, they seemed to use pretty standard language to describe things. Reason is the only website I read that has discussed these measures, and so I can't tell if this anti-slavery verbiage is specific to them or not.
This is a thing I see a lot here. I don't think I'm that strange in that when I hear "anti-slavery ballot measures" and then learn it's about paying prisoners for work that I feel some dissonance. It is politics as usual, but it's really politics at its worst: if people don't like the argument you're making, confuse them about what you're saying.
I would like Reason to be better.
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"I would like Reason to be better."
Wouldn't we all...
Blame the 13th Amendment?
How is putting people in prison at all not similarly akin to slavery? I agree, it's bad rhetoric. "Involuntary servitude" is what it is, whether the service involves having to do some work, or just sitting in a cell.
Minor niggle here, but I think the difference is in profiting from the labor.
Yes, putting someone in prison is an involuntary restriction of their freedom in all reasonable descriptions, like slavery. But involuntary servitude including doing work, for which the prisoner isn't paid, which produces income for whoever is incarcerating the prisoner, is way more like slavery.
It also adds a lot of perverse incentives antithetical to actual justice. More prisoners means more money. More prisoners doing jobs at no labor cost distorts markets, especially the ones for unskilled jobs. Etc.
I agree making prisons a profitable enterprise creates some really bad incentives. So that's a valid reason to be against some forms of prison labor.
But I'm not sure that's an essential part of defining slavery. Forcing a person to do what you want them to is equally a violation of their rights whether or not you profit from it personally.
You are, of course, correct.
Justice is very muddy waters and the ethics of incarceration are not cut and dry.
If you're ordered to pay restitution as a condition of your sentence... what would that be called?
Restitution.
So why do we call compulsory labor as part of your prison term "slavery" instead of compulsory labor as part of your prison term?
My point is that involuntary servitude that can be compared to slavery is a pretty essential part of our justice system, which is why the 13th specifically exempts that. So "slavery" isn't a great word to use here because involuntary servitude of some sort as part of criminal sentences is pretty much how things work. If we want to discuss the merits of different ways to deal with criminals, that's great. But injecting "slavery" doesn't help make a rational discussion here.
I agree, it's a bit of an overwrought word given the context of what we're talking about. I think it's a perfectly fair debate to have about whether or not we should subject incarcerated people to compulsory labor during the period of their sentence... but 'slavery' is meant to invoke an emotional reaction.
So they should be shackled outdoors without food, water or shelter? Or is it on others to provide for them because they've proven they cannot abide by rules?
Actually, yes.
And that’s one problem with incarceration as a means of justice. if you limit someone’s freedom you then take responsibility for their basic needs. I am not making judgements here on whether it’s good, bad, right, or wrong. It’s just the conundrum. Probably one that should be considered more, in fact.
Also, I think a lot of prisoners have prison jobs. Baking, laundry, maintenance stuff like that. Seems different than a job like manufacturing a good, or providing a service, that otherwise would have to be manufactured by free men, employed by a private company, paid a wage determined by the labor market and subject to the same employment laws as everyone else.
I think you are missing my point. I'm not saying anything about the morality of prison or what should happen (though I do have some ideas about that too). My point is that forcing people to do things they don't want to do is what prison is, whether you think it's a good way to do things or not.
So they aren't really anti-slavery measures, they are anti-prison-labor measures.
So do prisoners sit around in their cells now?
Having some kind of prison job has potential rehabilitative potential.
How would these “anti-slavery” measures impact this?
As I understand it, inmates will still have the option to work, and I am pretty sure they can still be compensated with reduced sentences. It just means they can't be "forced" to work.
This won't result in some prisoners having no option to work at all because that's not the intention.
So how many of these "don't say slavery' bills were on ballots?
Louisiana can't pass a legit anti-slavery/involuntary servitude measure? I'm shocked, shocked...
I remember way back when I was in college, a friend got caught smoking pot and was sentenced to a few hours of community service. Would that end up being banned by these changes? I assume that wouldn't be the intent, but well /shrug/.
Most likely yes. I got 3 alcohol citations between 18-21, as I recall they gave the "option" to do community service as part of a diversion program as apposed to going through criminal court.
"Option" in quotes because everyone I know took that because it was the path of least resistance.
These loopholes go back to the 13th Amendment, and before that to the Northwest Ordinance of 1787.
Certain states have historically taken advantage of the conviction loophole to put condemned prisoners to work for politically-connected companies, or for hazardous public-works projects.
The answer isn’t to permit prisoners to sit around in the cells, but to give them better work – complying with the 8th Amendment but giving them industrious habits for when they’re back on the outside. Maybe some useful skills.
So the 13th Amendment contains "racist language"? You learn something new every day.