Prop. 6: Does the California Constitution Allow Slavery?
Proposition 6 seeks to change the language in the California constitution to remove the ability of the state to use involuntary servitude as a form of punishment for crime. Supporters of the proposition argue that this amounts to modern-day slavery and is both inhumane and reprehensible. Does the state constitution allow slavery? Or is there more to understand?
Summary Overview
Proposition 6 is the last of three constitutional amendments on the California ballot this election. If passed, it would amend the state constitution to prohibit involuntary servitude from being used as a punishment by the Department of Corrections and Rehabilitation for crime. It would also prohibit prisons from disciplining prisoners for refusing work assignments.[1]
What does this mean?
Currently, inmates in prisons are given work assignments based on their abilities. These are not optional work assignments. If a prisoner refuses the assignment, they could be punished further. If, however, they perform the work assignment, they are paid for the work and earn time credits that go directly toward reducing their sentence. This is allowed because the California constitution currently reads, “Slavery is prohibited. Involuntary servitude is prohibited except to punish crime.”[2] While involuntary servitude is prohibited in everyday life, and in the workplace, there is an exception to allow the practice when it comes to the prison system. Proposition 6 would change the language to specifically say both slavery and involuntary servitude are prohibited, with no carve out exception for prisoners. It also goes further to detail out that prisoners cannot be punished if they refuse a work assignment.
Background
This brings up several questions that we need more information on before reaching any conclusions. First, we need to define some terms. What does involuntary servitude mean, and how is it applied in the context of the prison system?
The U.S. Department of Justice defines involuntary servitude as “a condition of compulsory service or labor against his/her will.” This is when the victim is held against their will “by actual force, threats of force, or threats of legal coercion.” This would also include “compelling a person to work against his/her will by creating a ‘climate of fear’” through the use of these tactics.[3] These acts are illegal and can bring a sentence of up to 20 years in prison.
But what does it mean in our state constitution when it says it is permissible for the punishment of crime? Let’s take a step back and look at the history. This mirrors what is written not just in other state constitutions, but in the United States Constitution as well. The thirteenth amendment prohibited slavery and involuntary servitude on a federal level.[4] This was the first mention of slavery in the Constitution, and when the amendment was ratified in 1865, it achieved the actual, legal abolition of slavery across all the states. It didn’t only mentioned slavery, it also mentioned involuntary servitude – why? At the time, it was common practice that poor people or former slaves would become indebted to either their former owners, or anyone they owed money to. This would trap them in a cycle of trying to work off their debts, but not earning any money to cover their own living expenses, which further indebted them to whoever they were trying to pay back, and thus making it impossible to break out of the cycle.[5] This had originally been a Spanish practice, spreading throughout the states during the time of the civil war, but the 13th amendment made it clear that neither slavery nor involuntary servitude would any longer be practices in our country.[6]
However, even in outlawing both practices across the states, the thirteenth amendment gives the only exception related to involuntary servitude, which is specifically for the punishment of crime. This was meant to distinguish between the practice of forcibly holding someone against their will – which is a crime under the 13th amendment – and requiring prisoners who have committed crimes to work while in prison – which was clarified is not a crime under the 13th amendment.
Exactly what does involuntary servitude look like in the prison system? Does it look the same as it did back before the Civil War?
When it comes to the prison system, especially in California, forced labor most likely isn’t what you are picturing. The labor performed falls into a few different categories. The first category is Prison Support – so any activities that help to contribute to the functioning of the prison. Examples of these are cooking, cleaning, laundry, basic maintenance, or helping with clerical administrative tasks. A second category is Agriculture – this is available for prisons that have onsite agricultural centers. Inmates can help to raise livestock or work with farm equipment. A third category is Manufacturing – this would include helping to build furniture or rebuild computers, sew, help with construction, or perform similar tasks of that nature.[7] There are other jobs that can be requested as well outside of these categories, but these are the fundamental tasks that prisoners can apply for in order to build skills and contribute to the prison around them.
These jobs have several purposes. Outside of just punishment of crime, giving prisoners job assignments has been proven to aid in their rehabilitation and adjustment to life after prison. One example of this is the Prison Industry Enhancement Certification Program (PIECP), which was created by Congress in 1979. This program created an avenue for state prisons to build out partnerships with private companies so that inmates are able to work for these employers while serving their sentence. Since the program was created, over 70,000 inmates have participated, and studies of the program have shown that upon release, inmates who participated in PIECP found jobs quicker and held them longer than other inmates who did not work in the program. They also had lower rates of rearrest, conviction, and imprisonment.[8]
So, in the context of the prison system, involuntary servitude basically means that the correctional facilities can assign prisoners jobs which they are required to perform without their direct consent to those jobs. It also means that prisoners are not paid according to the same standards or minimum wage laws that normal, everyday workers are entitled to. Prisoners in California are paid an average of $0.74 cents an hour, depending on the type of job they perform. Certain jobs that require much more physical effort and danger, like working as an inmate firefighter, can pay more. Firefighter roles can be paid up to $10 dollars an hour.[9] Clearly, these pay amounts would be illegal outside of the prison system, as the California minimum wage is $16 dollars per hour; however, because involuntary servitude is allowed for prisoners, minimum wage is not required. Keep in mind that while prisoners are not paid minimum wage, their work does also earn them credits toward reducing their sentence, so there are further benefits beyond monetary payment.
Lastly, as it relates to involuntary servitude, prisoners do have rights that they are protected under, especially in the state of California. Whereas in the past, slaves or those held under involuntary servitude would basically have no rights, prisoners are protected under the law. Some examples include the right to humane conditions, to medical care, to freedom from discrimination and sexual assault, to due process, to practice religion, and to protection from excessive force and assault. This means that even when forced to work, there cannot be inhumane working conditions, and prisoners cannot be subjected to physical punishment or assault, like beatings or being whipped, which was often a characteristic of slavery.[10] The U.S. Constitution itself guarantees certain rights to prisoners, such as protection from cruel and unusual punishment, trial rights before conviction, the right of the assistance of legal counsel, and the protection against double jeopardy.[11]
All of this background is meant to give context about what involuntary servitude means, why it is permitted for inmates both in the U.S. Constitution and the California State Constitution, what it actually entails within the states, and the fact that there are still rights and protections in place for inmates despite the allowance of involuntary servitude.
Support & Opposition
Why then is Proposition 6 on the ballot? Who supports it, and what are their reasons for wanting to outlaw involuntary servitude for prisoners?
Proposition 6 is supported by quite the slough of organizations. These include groups like the ACLU California, the California Teachers Association, the California Black Legislative Caucus, and many other groups, as well as the California Democratic Party. These groups argue that it is inhumane to require prisoners to work jobs that they are not paid at least minimum wage for, and that it is discriminatory to punish prisoners who do not accept these work assignments. They applaud other states that have already passed similar ballot measures and removed this language from their state constitutions, states like Oregon, Utah, and Colorado.[12]
The underlying root cause for these initiatives goes further than a simple argument of unfairness. Legislators in California in recent years have shifted focus toward addressing “historical inequities” against Black residents. To that end, in September of 2020, the Legislature passed Assembly Bill 3121 which established what is known as the Task Force to Study and Develop Reparation Proposals for African Americans. This task force recommended more than 100 policies related to nonmonetary reparations, one of which was the suggestion to remove the language about involuntary servitude from the state’s constitution.[13] They argue that involuntary servitude is another form of slavery, regardless of only being allowed for the punishment of crime, and that as a form of slavery, it disproportionately affects Black citizens. Assemblymember Lori Wilson, who wrote Proposition 6, said about the proposition, “There is no room for slavery in our Constitution. It is not consistent with our values, nor our humanity.”[14] Dennis Childs, another supporter of Prop. 6 and an associate professor of African American literature at UC San Diego also said about the proposition, “This system of unfree labor — slave labor — by constitutional law is something that I think anybody with a conscience would find reprehensible.”[15]
While Proposition 6 doesn’t change the requirements for prisons in terms of pay to inmates or the types of work offered, supporters argue that it would give inmates more freedom over what they choose to participate in and give them the ability to refuse work without fear of retaliation, as well as remove the vestiges of slavery that remain in California within the prison system.
What about the opposition? Who opposes the proposition and what are their reasons?
There are currently no registered opponents to Proposition 6. However, I did find one source that expressed opposition – The Mercury News, run by the Bay Area News Group. Their editorial team put out an article outlining some of the opposing points to the proposition. They argue that while prisoners should never be mistreated, they also should not have legal backing to dictate their situations in prison, especially what work they are willing to do. They point out that the prison system is largely maintained by Prison Support jobs. If prisoners are not required to do the jobs that are necessary to keep operations running – like helping in the kitchen or with the laundry – then the burden will shift further on the taxpayer to fund even more prison costs. Further than just this, by changing the very state constitution, the opposition fears that it could open the door to litigation regarding what classifies as a work assignment, or to argue that prisons must pay working inmates minimum wage. In summary, their argument says that requiring inmates to do basic tasks to keep prisons running, or even offering different types of jobs that give them experience in fields like agriculture, manufacturing, and construction are reasonable requests, and should not be banned within the state constitution.[16]
Response
What are we to think? We’ve heard two different arguments – for and against Prop. 6 – but what should we conclude about all of it?
I want to start by going back to some definitions. The supporters for Proposition 6 are not just arguing that forcing prisoners to work is unfair, or that they should be paid more, but that prison labor is slavery, and slavery has no place in America, let alone California. I would start here, because it is important to understand and address the beliefs of supporters of Prop. 6. If you truly believe that prison labor is slavery, and not only that, but a way to discriminate against Black Americans, and not only THAT, but as inhumane and reprehensible, then I can completely understand why you would unequivocally support abolishing the practice. But we have to ground ourselves in reality; we have to assess the situation and define what is true about what is required of prisoners and why it is required.
Let’s do that by defining slavery. The United Nations Slavery Convention defined slavery as having two conditions, summarized as follows:
(1) Slavery is the status wherein a person is owned by another person, and
(2) The slave trade includes capture, acquisition or disposal of a person with intent to reduce him to slavery as just defined.[17]
Right within that definition, we see that this definition simply cannot apply to prisoners. Why? Because prisoners are not classified as being “owned” by the prison system or by the government, and they are not made prisoners through capture with intent to own them. In other words, the government is not forcing people into labor camps and stripping away their humanity against their wills, while falsely justifying it under the law. Inmates are in prison because they committed some form of crime, stood trial before a court of law, were found guilty, and were sentenced accordingly to time in prison. These steps define our justice system. Other countries don’t have this same process, but the beauty of America is that every person is equal before the law and is innocent until proven guilty – this gets to the very core of the principle of fairness that our justice system was created around. Whatever problems you might have with the justice system in America today – as it does have its flaws – it is still fundamentally founded on these principles to protect its citizens, to seek out the truth, and to apply the law fairly to all people. While there can be rare exceptions, the overwhelming majority of the time if you do something that the law stipulates is illegal and punishable by time in prison, then that is when you go to prison.
This is NOT the same as when slaves were captured and forced to work on plantations against their will. They didn’t break the law, they didn’t stand trial, and they weren’t convicted. They were seen as sub-human and allowed to be enslaved under laws that, since then, have been abolished thanks to the Thirteenth Amendment of the U.S. Constitution. To compare the two circumstances is frankly offensive to those who lived through slavery. They had no choice in the matter, and their government failed to recognize and protect their rights. This could not be further from our justice system and our prison system, wherein prison time is a direct result of your actions, and even in prison your human rights are still recognized and protected. If you don’t want to go to prison, do not commit a crime. You and I are not in prison today, and we are free to work or not work as we choose. Why is that the case? Because we didn’t break the law. It really is as simple as that.
Next, we have to consider the purpose of prison. Why do we have prisons and what is imprisonment supposed to accomplish?
First and foremost, the highest priority of prisons is to remove lawbreakers from society. This is fairly simple and appeals to common sense. If someone commits murder, it makes sense that we, as a society that values both law and order and the safety of our citizens, need a place to put that person so that they do not commit murder again. The same is true of rapists and sex traffickers and burglars and thieves. Society cannot function if those who commit these crimes are not removed out of the population. It endangers everyone else living around them, and it incentivizes more crime. Prisons are a safe and secure place to make sure that these criminals are not able to continue committing their crimes.
Second, prisons also serve as a form of punishment and deterrence of crime. While prisoners should be treated humanely, prison isn’t designed to be a fun or easy experience. It is punishment for breaking the law, and it should be commensurate with the crime committed through the sentence length and the security level of the prison assigned. This should deter you from committing crimes out of a desire to keep your freedoms and your ability to live your life as you please, rather than spending years of your life in prison working a job you don’t want to and unable to participate freely in society.
Lastly, prisons can also be a place of reform. How? Through work programs, like the Prison Industry Enhancement Certification Program that I mentioned earlier. These work programs give prisoners a sense of purpose, train them in skills that can make it easier to find work after prison, reduce violence by structuring the day and giving inmates responsibility, and ultimately allow prisoners to contribute to their lives and to the system around them.[18] When you take this away, you allow inmates to waste away their time in prison without developing skills or responsibility. Prison officials say that these assigned jobs do reduce recidivism and also provide an avenue for incarcerated people to pay any fees or restitution costs. According to the California Prison Industry, in a study they conducted on this topic, participants returned to prison 26% to 38% less often, while their work also contributed to the maintenance of prisons at lower cost to the taxpayer and the state.[19] These work programs are just one way prisons go about reform. As a side note, they also offer several education programs to help inmates build skills and take classes that will help them after their release. According to the Federal Bureau of Prisons, “All institutions offer literacy classes, English as a Second Language, parenting classes, wellness education, adult continuing education, library services, and instruction in leisure-time activities.”[20] Does all of this sound like inhumane and reprehensible treatment to you? Does it sound like slavery to you?
Another layer to consider is the type of work being assigned to prisoners. We covered the types of jobs available to inmates, and the work expected of inmates does not sound in any way to be cruel; the majority of the jobs are standard practices to take care of the prison. Realistically, we all have to do this – we all have to work, and clean, and cook, in order to maintain our lives. We teach our children how to do this through assigning them chores and tasks to do around the home. Why would this be any different for prisoners? What would the alternative be? Should we raise taxes or cut programs from the state budget to be able to pay the costs associated with maintaining a prison because it is “reprehensible” to tell prisoners they must cook or do laundry?
Some argue the work isn’t inhumane, but the lack of adequate pay is what makes it inhumane. But when you commit crimes that result in prison sentences, it is important to acknowledge that you have forfeited all your rights to the life you would live outside of prison. The state and the taxpayer do not owe you anything. I don’t even believe they owe you the job opportunities or educational programs that they do provide. To believe the taxpayer, who you have harmed by breaking the law, should pay YOU for basic jobs to support the prison, is an entitled position. Not to mention, if you work in the jobs that are related to prison support, which are the majority of the jobs, why should you be paid for doing the basic tasks that take care of your surroundings? You and I don’t get paid to do our laundry or cook meals. Additionally, jobs outside of prison support do often pay more, as I mentioned with firefighting, to be commensurate with the level of danger or effort required. Lastly on this point, we have to consider the exorbitant cost that would result if every prisoner was paid minimum wage. It is estimated that this would cost an additional $1.5 billion dollars per year just to pay inmates according to California minimum wage, and that’s on top of the $18 billion dollars already allocated to state corrections costs.[21] This is entirely unrealistic, and quite frankly, unjustified – especially when we are facing such a massive budget deficit.
Lastly, I have to point out how quick we have become as a society to deem something as “inhumane” or “cruel.” When the Supreme Court defined cruel and unusual punishment back in 1848, the phrase mentioned in the Eighth Amendment, they defined it as, “drawing and quartering, embowelling alive, beheading, public dissecting, and burning alive.”[22] Today, we consider anything that is mildly uncomfortable as cruel and unusual, like having to work a job for a few hours a day, whereas this provision originally spoke to what was clearly abusive, inhumane, life-threatening and murderous treatment. The idea of paying prisoners for anything at all would have most likely been crazy to people back in 1848.
To summarize the key points of this response:
- The definition of slavery is not what is practiced within prisons,
- The purpose of prison is not to make prisoners comfortable or pay them well, it is to protect society, punish crime, and provide opportunities for reform through work and further education,
- The type of work required within prisons can hardly be classified as inhumane, and
- It is unjustified and unfair to expect prisons, and therefore the taxpayer, to pay inmates minimum wage while they serve their prison sentence for breaking the law.
What about for the Christian? How do Christians specifically think about Proposition 6?
After all, we of all people should be the loudest to advocate for freedom and human rights and against slavery or inhumane treatment. But we care about human rights because we are grounded in biblical principles and the heart of God. The heart of God is also passionately for justice and for the vulnerable. Do we care about the well-being of all human beings, including prisoners? Absolutely. I am one hundred percent against abuse or assault in prisons. But the Bible calls the government to punish evil and reward what is good.
Romans 13:4 describes the government in these terms, “But if you do wrong, be afraid, for he does not bear the sword in vain. For he is the servant of God, an avenger who carries out God's wrath on the wrongdoer.” This is a really strong description! The Bible says that citizens of a society should be afraid if they do wrong because the government is instituted to carry out God’s wrath. Proverbs 15:17 says, “He who justifies the wicked and he who condemns the righteous are both alike an abomination to the Lord.” The government must heed this warning, that to justify those who do wickedness – in this instance, who break the law – is evil in God’s sight. The government should always prioritize the innocent over the condemned. And lastly, Romans 12:19, just before we get to the well-known Romans 13 passage on government, tells citizens, “Beloved, never avenge yourselves, but leave it to the wrath of God, for it is written, ‘Vengeance is mine, I will repay, says the Lord.’” Paul could only command us NOT to avenge ourselves individually, because he knows that God has promised He will execute justice. One of the ways He does this is by executing justice through His governing authorities, to whom He has given the authority to carry out His wrath.[23]
All of this is to say: God has commanded government to punish crime. When the goal of the government prioritizes the comfort of the punished over the well-being of the society – then that government does not keep punishing wickedness as its top priority. This is against the priorities God has set. Government fails its greatest responsibility. We have to care about that as Christians.
Not only that, but we also have to care about truth. We cannot as Christians just accept whatever narrative social justice activists are spinning lately. We want to be people who are making discerning and wise decisions that will implement effective change. Taking away power from the state government and corrections facilities to punish criminals by giving them very reasonable working assignments, and giving over power to inmates to do or not do as they please, is to accept the narrative that any type of forced labor in a prison setting amounts to slavery and is discriminatory. You don’t have to accept that, and I would argue you shouldn’t. Push back against that with reason and discernment, as we have done together today. Then commit to only voting for change that is in line with biblical values, which are also in line with common sense and reason.
How do we do that here? Vote no on Proposition 6.
References:
[1] Ballotpedia. “California Proposition 6, Remove Involuntary Servitude as Punishment for Crime Amendment (2024) - Ballotpedia,” n.d. https://ballotpedia.org/California_Proposition_6,_Remove_Involuntary_Servitude_as_Punishment_for_Crime_Amendment_(2024).
[2] Ibid.
[3] U.S. Department of Justice Civil Rights Division. “Involuntary Servitude, Forced Labor, and Sex Trafficking Statutes,” August 6, 2015. https://www.justice.gov/crt/involuntary-servitude-forced-labor-and-sex-trafficking-statutes-enforced.
[4] Constitution Annotated. “Amdt13.S1.4 Exceptions Clause.” Congress.gov, n.d. https://constitution.congress.gov/browse/essay/amdt13-S1-4/ALDE_00013213/.
[5] Greene, Jamal, and Jennifer McAward. “Interpretation: The Thirteenth Amendment | Constitution Center.” National Constitution Center – constitutioncenter.org, n.d. https://constitutioncenter.org/the-constitution/amendments/amendment-xiii/interpretations/137.
[6] Ibid.
[7] Greene, Emily Harris. “FAQ: Prison Jobs Available for Prisoners - Prison Fellowship.” Prison Fellowship, December 5, 2022. https://www.prisonfellowship.org/resources/training-resources/in-prison/faq-prison-jobs/.
[8] Moses, Marilyn, and Cindy Smith. “Factories Behind Fences: Do Prison Real Work Programs Work? | National Institute of Justice.” National Institute of Justice, June 1, 2007. https://nij.ojp.gov/topics/articles/factories-behind-fences-do-prison-real-work-programs-work.
[9] Nanguneri, Shaanth. “If Californians Vote to Ban Slavery This Fall, Will Prisoners Get a Raise?” CalMatters, July 18, 2024. https://calmatters.org/justice/2024/07/minimum-wage-prisons/#:~:text=Increased%20pay%20for%20inmate%20workers,to%20half%20of%20that%20rate.
[10] Rodriguez, Ambrosio. “What Rights Do Prisoners Have in California?” The Rodriguez Law Group, August 26, 2024. https://www.aerlawgroup.com/blog/what-rights-do-prisoners-have-in-california/#:~:text=Right%20to%20Adequate%20Medical%20and,Against%20Excessive%20Force%20and%20Assault.
[11] Strom, Samuel. “Trial Rights.” Find Law, December 8, 2023. https://www.findlaw.com/criminal/criminal-rights/trial-rights.html#:~:text=Cruel%20&%20Unusual%20Punishment%20The%20Eighth%20Amendment,no%20official%20definition%20of%20%22cruel%20and%20unusual.%22.
[12] Wiley, Hannah. “Democrats Want to Cut Slavery From California Constitution - Los Angeles Times.” Los Angeles Times, February 27, 2023. https://www.latimes.com/california/story/2023-02-27/california-involuntary-servitude-slavery-constitution-amendment-prisons.
[13] Fry, Wendy. “CA Is the First State to Tackle Black Reparations. Here’s Why - CalMatters.” CalMatters, September 13, 2024. https://calmatters.org/explainers/reparations-california/#:~:text=It%20recommended%20California%20formally%20apologize,those%20whose%20ancestors%20were%20enslaved.
[14] Wiley, “2024 Measure Asks Voters to Lower Bar for New Taxes and Bonds - Los Angeles Times.”
[15] Ibid.
[16] Mercury News & East Bay Times editorial. “Editorial: No, California Inmates Should Not Be Entitled to Refuse to Do Chores in Prison.” The Mercury News, September 13, 2024. https://www.mercurynews.com/2024/09/12/california-proposition-6-editorial-slavery-involuntary-servitude/?clearUserState=true.
[17] United Nations. “Slavery Convention.” Office of the High Commissioner for Human Rights, September 25, 1926. https://www.ohchr.org/en/instruments-mechanisms/instruments/slavery-convention#:~:text=agreed%20as%20follows:-,Article%201,trade%20or%20transport%20in%20slaves.
[18] Hays, Ellie. “The Benefits of Working While Incarcerated - Prison Fellowship.” Prison Fellowship, June 9, 2023. https://www.prisonfellowship.org/resources/support-friends-family-of-prisoners/prisoner-resources/the-benefits-of-working-while-incarcerated/.
[19] Wiley, “2024 Measure Asks Voters to Lower Bar for New Taxes and Bonds - Los Angeles Times.”
[20] Federal Bureau of Prisons. “Education Programs,” n.d. https://www.bop.gov/inmates/custody_and_care/education.jsp.
[21] Nanguneri, “If Californians Vote to Ban Slavery This Fall, Will Prisoners Get a Raise?” July 18, 2024.
[22] Geonetta & Frucht LLP. “What Are the Rights of Inmates (in the State of California)?,” March 16, 2017. https://www.geonetta-frucht.com/blog/what-are-the-rights-of-inmates-in-california/.
[23] DeYoung, Kevin. “The Nature and Purpose of Government.” The Gospel Coalition (blog), October 27, 2020. https://www.thegospelcoalition.org/blogs/kevin-deyoung/the-nature-and-purpose-of-government/#:~:text=In%20Romans%2012:19%20we,reward%20hard%20work%20and%20productivity.
