COLUMBUS, Ohio (WCMH) – Ohio lawmakers are moving to amend a portion of the state’s constitution that permits slavery as a form of punishment for crime.
Ohio’s constitution currently bans slavery and involuntary servitude in the state, “unless for the punishment of crime.” Reps. Dontavius Jarrells (D-Columbus) and Veronica Sims (D-Akron) introduced a joint resolution in June that seeks to remove this loophole.
Ohio equal rights amendment would outlaw discrimination, void same-sex marriage ban“Slavery and involuntary servitude in any shape, form or fashion should be disembodied from the sacred pages of the founding document of our great state,” Sims said. “It is time to remove any exception under any circumstances, slavery is a vile, despicable imposition upon another human being.”
If the Statehouse passes the measure, it will proceed to a statewide ballot, where voters will ultimately decide whether to amend Ohio's constitution.
Lawmakers have attempted to rid of this loophole in the past. Jarrells introduced the same joint resolution in the past General Assembly, which ultimately did not pass. A Senate measure was also unsuccessful in 2020.
“I think maybe just the momentum was different in those previous [General Assemblies] than where we are now," Jarrells said. "I think we're in a place where people don't want to have that language in their constitutions."
Could passenger trains finally be on track in Ohio?Ratified in 1865, the 13th Amendment abolished slavery in the United States, except as punishment for crime. Many states adopted similar language in their own constitutions.
Eighteen states in the country have state constitutions that permit slavery as a punishment for crime, according to the Abolish Slavery National Network. Seven states have removed the exception from their constitutions, with Colorado being the first to do so in 2018.
While the 13th Amendment allows slavery as a punishment for crime, the Eighth Amendment's ban on cruel and unusual punishment places limits on the type of labor that can be imposed on those who are incarcerated.
"Are we a state that still tolerates even the implication of slavery, or are we a state that stands firmly against it?" Jarrells said. "Simply put: By reaffirming what Ohio stands for, we all take part in promoting a better and safer Ohio for all of us."
The Abolish Slavery Network has been pushing to repeal and replace the 13th Amendment with the abolition of slavery in all circumstances. The coalition states amending the U.S. Constitution is not easy, so it has been pushing for states to amend their constitutions to “build awareness and momentum” toward that goal.
How Ohio’s recently passed budget will expand driver’s education requirementsSome opponents of the effort have expressed concerns that it would put an end to prison work programs and community service. While Jarrells’ resolution and other similar efforts in other states do not outright prohibit prison labor, inmate advocates say the measures leave room to push for more worker protections and challenge low wages, according to The Center for Public Integrity.
The Abolish Slavery Network claims Colorado’s constitutional update has not affected such programs in the state so far. However, the abolition of slavery from Nebraska's constitution has compelled a county correctional facility to pay inmates for jobs they historically performed for free, according to the Lincoln Journal Star.
Jarrells said he does not believe the measure would have a large impact on Ohio’s prison system.
“I don't believe that people who are incarcerated are slaves and under that premise, then this initiative to remove slavery from the constitution can continue without negatively impacting our prison system,” Jarrells said.
The legislation awaits a committee assignment. Jarrells said it has gained bipartisan support.
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