Is there any circumstance in the United States in which slavery should be legal? That is a question that voters in five states — Vermont, Oregon, Louisiana, Alabama and Tennessee — will consider this fall. Ballot measures in these states would amend state constitutions to eradicate slavery under any terms. Though the 13th Amendment to the U.S. Constitution abolished slavery in 1865, it still includes an exception clause allowing it as "punishment for crime." Many state constitutions use similar wording.
Prisoners are not legally considered slaves in the United Sates, but advocates for these amendments to state constitutions argue that prisoners are often treated as such. Organizers from the Abolish Slavery National Network — a group that has galvanized this effort — point out that incarcerated people are made to work for little money, often under threat of punishment.
"A lot of people ask, 'Why y'all calling this slavery?'" said Savannah Eldridge, lead organizer for the group. "Because it is."
"After the Civil War, Black people were made to work as slaves as part of prison systems," says Sandy Chung of the American Civil Liberties Union of Oregon. The group supports the measure in its state. Chung says the amendment is not an effort to eliminate incarceration altogether but a step toward establishing basic rights for prisoners. "Just because someone is incarcerated and is being held accountable for a crime doesn't mean they should be treated as a slave."
If passed, these measures would not have an immediate, practical impact on imprisoned populations. The amendment does not specify that prisoners be paid at minimum wage, for example, or provide specifics about work environments. But it would "remove language allowing slavery and involuntary servitude as punishment for crime." Three states — Colorado, Nebraska and Utah — have already made similar amendments.
Troy Ramsey was incarcerated for nearly 24 years. After he was released last year, Ramsey got involved in the campaign in Oregon to pass the measure. He says just changing the wording of the law has the potential to disrupt a pervasive power dynamic between prisoners and those who work at prisons. "A lot of officers use that language against you," says Ramsey. "Because it says you can be treated like a slave while you're incarcerated."
The implications of these measures are concerning to law enforcement in at least one state. In Oregon's voter guide, the Oregon State Sheriffs' Association submitted an argument in opposition to the state's measure: "Oregon Sheriffs do not condone or support slavery," it reads, but if the measure were to pass as written, "Sheriffs will have no choice but to suspend all reformative programs." These programs include working in jail libraries, cleaning cells and doing laundry, among other tasks — jobs that the association argues help incarcerated people gain skills and incentivize good behavior. The statement also reflects concerns about increased costs.
The Oregon State Sheriffs' Association did not reply to requests for comment.
Eldridge, of the Abolish Slavery National Network, says Oregon's measure would not immediately disrupt current work programs in prisons or demand budget changes. But she argues that increasing pay and living standards for prisoners would be a good use of state money eventually. She points out the historical parallel with ending slavery the first time in the United States: "We know it's wrong, but we can't afford to end slavery," she says. "It doesn't even sound right." Economic arguments, she says, should not justify forced labor — even in prisons — which she describes as slavery.
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Transcript
AILSA CHANG, HOST:
Are there any circumstances under which slavery is permissible? That is a question voters in five states will consider on election day. Many state constitutions still have wording that allows for slavery as punishment for a crime. And as NPR's Katia Riddle reports, some are working to eliminate this exemption through ballot measures.
KATIA RIDDLE, BYLINE: For years, Troy Ramsey thought he would spend the rest of his life in prison. He was incarcerated for more than two decades for aggravated murder. Now he's reinventing himself with things like volunteering on this political campaign.
TROY RAMSEY: So Measure 112 is to take slavery and involuntary servitude out of our Oregon constitution. So, yeah, just, you know, have a few of those. And you could pass out to some people that come through the office. Yeah.
RIDDLE: Many voters he talks to are horrified to learn the word slavery is even in the Oregon Constitution.
RAMSEY: And...
UNIDENTIFIED PERSON: Good Lord.
RAMSEY: Yeah, so vote yes this November.
RIDDLE: The 13th Amendment to the U.S. Constitution abolished slavery in 1865, but it still includes an exception for involuntary servitude as punishment. Many state constitutions use similar wording. Ramsey says that has implications for people in prison today.
RAMSEY: A lot of officers and stuff use that language against you while you're in there, you know, that they're allowed to treat you the inhumane way that they treat you.
SANDY CHUNG: Just because someone is incarcerated and is being held accountable for a crime doesn't mean that they should be treated as a slave.
RIDDLE: Sandy Chung is with the ACLU of Oregon. The state's ballot measure would remove language allowing for slavery and involuntary servitude as punishment. Vermont, Louisiana, Alabama and Tennessee will vote on similar measures. Chung says it's overdue.
CHUNG: After the Civil War, many states, including Oregon, codified racism against Black people, you know, jailed them at much higher levels and made them work basically as slaves as part of prison systems.
RIDDLE: National advocates for undoing these laws argue that even though prisoners are no longer considered slaves, they are often treated as such with low pay and poor working conditions. But some in law enforcement are concerned these measures would increase the cost of prison work programs.
JOSHUA MARQUIS: You know, they'd have to start paying competitive wages and create jobs for literally every inmate in prison.
RIDDLE: Joshua Marquis is a former district attorney in Oregon. He wants to make clear he does not endorse slavery. The measure does not specify that prisoners make minimum wage. But he warns it could be interpreted that way and be expensive.
MARQUIS: That's literally a hundred increase in the cost.
RIDDLE: The Oregon State Sheriffs Association has a similar concern. The group did not respond to requests for interviews, but they've written a statement in opposition. They warned the measure would create, quote, "unintended consequences" and increase costs.
SAVANNAH ELDRIDGE: It doesn't even sound right.
RIDDLE: Savannah Eldridge is with Abolish Slavery National Network. She characterizes their opposition this way.
ELDRIDGE: We know it's wrong, but we can't afford to end slavery.
RIDDLE: Eldridge says it's essentially a Civil War-era argument against ending slavery. Utah, Colorado and Nebraska have already passed similar measures. None has increased prisoner pay. Former prisoner Troy Ramsey says he was thrilled when he was asked to volunteer on this campaign.
RAMSEY: I was like, yes, I can.
RIDDLE: He'll be handing out flyers right up to November 8.
RAMSEY: This is me doing my part.
RIDDLE: Ramsey is doing it for his brothers still behind bars. They may be incarcerated, he says, but they aren't enslaved. Katia Riddle, NPR News, Portland.
(SOUNDBITE OF ERIC TUCKER SONG, "FWM FT. FRE$H") Transcript provided by NPR, Copyright NPR.
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