The movement to abolish the so-called slavery exception in state constitutions has been gaining momentum. Recent victories in states like Nevada, Alabama, and Tennessee, where voters approved amendments to remove exceptions for slavery and involuntary servitude, have shown the potential for bipartisan support. Yet, a surprising defeat in progressive California has sparked nationwide discussions on how best to draft future measures.
The California ballot measure, Proposition 6, explicitly targeted forced prison labor. Unlike similar initiatives in other states, it included provisions to protect incarcerated individuals who refuse work assignments. However, its failure at the polls revealed challenges in voter education and opposition from stakeholders invested in the prison labor system.
A subtler coercion
At the heart of the movement is the effort to rewrite state constitutions to remove exceptions tied to the 13th Amendment, which abolished slavery “except as a punishment for crime.”
Politico reports,
In the late 19th century, the loophole justified programs in which southern states leased those convicted of crimes to private companies. Today, it allows states and private prison contractors to require incarcerated people to work, both to support government functions (including prison upkeep) and manufacturing goods for external sale. Chattel slavery may be gone, activists say, but Americans can still have their labor stolen behind bars.
“We don’t have the same kind of abuse anymore, but I think coercion has shifted to subtler mechanisms — things like denying people parole or visitation rights, that are meant to entice people to actually perform labor,” said Susanne Schwarz, a Swarthmore College political science professor who studies the history of American prison labor.
What’s in a name?
Some activists argue for simple language that unequivocally bans slavery, while others advocate for detailed provisions to ensure legal protections for incarcerated workers. The defeat in California highlighted this tension, as voters struggled with the ballot’s focus on “involuntary servitude” rather than “slavery,” which some argue is a more emotionally resonant term.
In Colorado, a straightforward message led to the passage of Amendment A in 2018, which banned all forms of slavery. Campaigns in Utah, Nebraska, and other states similarly succeeded by framing the issue as a moral imperative. However, California’s more detailed measure faced resistance, partly due to its estimated cost of $1.5 billion annually to pay incarcerated workers minimum wage.
Despite this setback, the movement continues to grow. Activists have learned the importance of clear and simple messaging, particularly in politically divided states.
Freedom United continues the fight!
The fight to end prison slavery is far from over. With plans to revisit measures in California and other states by 2026, we are determined to refine our strategies and continue the fight.
You can help. Join the movement to abolish the slavery exception and demand justice for all. Sign the petition today and share this critical issue with your network. Together, we can ensure that slavery in any form becomes a relic of the past.
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