The anti-slavery movement maps out its future course
In a surprising turn of events in progressive California, activists focused on eliminating slavery exceptions from state constitutions are deliberating on how to effectively formulate future ballot measures.
TroibNews 
LOS ANGELES — The national effort to close the so-called slavery loophole in state constitutions gained significant traction after voters in eight states, including conservative Alabama and Tennessee, voted to eliminate exceptions to post-Civil War prohibitions on slavery and involuntary servitude.
However, the movement faced an unexpected setback this year in progressive California, where a ballot measure specifically aimed at banning forced prison labor failed. This defeat has led activists nationwide to reconsider their strategies for drafting constitutional amendments in the up to 14 states where such measures could be introduced on ballots in 2026.
Advocates for the movement are advocating for precise language that defines involuntary servitude, aiming to empower courts to uphold prisoners’ rights against forced labor. In contrast, campaigners addressing voters who are more conservative on criminal justice matters prefer straightforward anti-slavery provisions that do not delve into specific implications for incarcerated individuals.
“That’s been a big part of our fight, making sure the language is correct,” said Dennis Febo, the New Jersey-based lead organizer for the Abolish Slavery National Network. “The more we’ve done on this question, the more we understand how complicated it is.”
While the abolitionist movement initially enjoyed early successes due to limited organized opposition, it now grapples with internal divisions and external challenges from an established prison industry that views these amendments as a threat and a shifting political climate that may see decreased Republican support.
The emergence of new abolitionists began with Jumoke Emery, whose reflections on the 13th Amendment started during his time in a Colorado jail cell in 2014. Following his participation in the protests in Ferguson, Missouri, he was arrested under what he believed were related to his activism.
“None of it made any sense,” Emery said. “I had been handcuffed, wrist to wrist, ankle to ankle, up against the wall. I sat there for hours in the middle of my workday and the only thing I could think of was, ‘This is what it must have felt like to be a slave.’”
After learning his arrest stemmed from a long-dormant warrant for an insurance-related charge, Emery became motivated to challenge the abuses within the prison legal system, leading him to scrutinize the anti-slavery amendment ratified in 1865, which contains a significant exception for those convicted of crimes.
This loophole has allowed states to mandate work from incarcerated individuals both for governmental functions and for the benefit of private enterprises. Activists assert that while chattel slavery may no longer exist, the exploitation of labor remains in prison systems.
“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,” noted Susanne Schwarz, a Swarthmore College political science professor specializing in the history of American prison labor.
While federal measures have been proposed to close this loophole, Emery’s focus remained at the state level. In 2016, Colorado's Amendment T sought to amend the state constitution by removing the slavery exception. The measure’s narrow defeat was attributed to its confusing language. Emery returned with the more straightforward Amendment A in 2018, collaborating with regional ACLU and NAACP branches, framing the amendment as a moral imperative.
“This campaign is at its most powerful when it’s at its most simple,” said Emery. “I don’t think that we need in-depth societal arguments for abolishing slavery. I think it’s as simple as posing the question: Would you like to continue to be a slaveholder, or would you not? Would you like to continue to have slavery, or would you not?”
Following a strategy where prison labor was discussed only when prompted by voters, the campaign succeeded — Amendment A passed with a 32-point margin.
Kamau Allen, an organizer with Emery in the 2018 initiative, noted that misinformation and voters’ predisposition against incarcerated individuals could be harmful. “So the best thing that any campaign in the abolition space can do is take command of the narrative before the confusion gets out,” he said.
As activists in other states observed Colorado’s success, similar measures were pursued in Utah and Nebraska, both of which passed in 2020. These developments, alongside the Black Lives Matter demonstrations prompted by George Floyd's death, galvanized efforts to advance amendments on ballots in the 2022 midterms. Five states put slavery bans to a vote that year, all but Louisiana's measure passing without organized opposition.
In Louisiana, the amendment’s inclusion of language suggesting the ban “does not apply to the otherwise lawful administration of criminal justice” has raised concerns within the movement.
“We’re glad,” Febo commented on Louisiana's rejection. “It created another exception.”
Activists point to their victories in 2022, particularly in conservative states, as a result of broad bipartisan support in state legislatures. Theeda Murphy, a campaign organizer in Tennessee, described the effort as attempting to eliminate remnants of slavery in their constitution.
“Our message to them was, ‘We need to get rid of this vestige of slavery in our Constitution that doesn’t really do anything, because nobody believes in slavery anymore,’” she said.
In California, legislators proposed an amendment that targeted the exception in the state constitution, stating that no one should “be subjected to slavery or involuntary servitude.” The amendment’s supporters aimed to clarify the rights of incarcerated individuals facing labor demands, asserting that corrections officers “shall not discipline any incarcerated person for refusing a work assignment.”
Skepticism surfaced regarding the potential financial implications of reclassifying prison work as compensated labor rather than punitive. Concerns about increased costs led to estimates from the state’s finance department suggesting an additional $1.5 billion annually to provide minimum wage to working prisoners.
As California's Proposition 6 reached voters in November 2024, its language did not mention “slavery.” Instead, the state attorney general’s summary referred to eliminating involuntary servitude for incarcerated individuals.
This framing burdened campaigners working to clarify the measure, as illustrated by campaign adviser Fabian Núñez, who indicated that the tagline “End Modern-Day Slavery” struggled to resonate in the absence of straightforward language.
Early polls indicated Proposition 6 hover under 50 percent support and failing to gain traction. The amendment struggled against a concurrent tough-on-crime measure, creating an environment that was not conducive to a discussion on prisoner rights.
Conversely, in neighboring Nevada, voters supported the Remove Slavery as Punishment for Crime from Constitution Amendment by over 20 points, benefiting from clear language that included “slavery.”
“The word ‘slavery’ invokes a stronger emotion,” Allen explained. “It’s more identifiable — there are going to be more people who agree that slavery is wrong than people who agree that involuntary servitude is wrong.”
In mid-November, members of the Abolish Slavery National Network held a virtual meeting, with California's Proposition 6 defeat weighing on the discussions. Yet, rather than despair, participants conveyed determination and a focus on future strategies.
“This isn’t our first time seeing a ballot measure fail as a network,” said Allen. “We are determined to learn from these setbacks and to know that okay, we are going to fall forward, that this is a teaching moment, that this is a moment for strategy. So what do 2026 and 2028 look like?”
The network includes representatives from around 20 of its 30-plus state-based campaigns. Activists plan to pursue slavery amendments in 14 states, including California, where the objective is to present clearer language in their proposals for 2026.
However, they face vocal opponents, including companies benefiting from prison labor and state governments that gain what Schwartz describes as a source of “shadow revenue.”
“We have many tools in our correctional toolbox,” Cheshire County Department of Corrections Superintendent Doug Iosue challenged state lawmakers, emphasizing the importance of work requirements for certain offenders.
In states that have successfully voted to protect incarcerated individuals from forced labor, attorneys are beginning to enforce these new amendments. Yet they navigate untested legal terrain, where early decisions could set precedents unfavorable for the movement.
“Removing the exception is one thing, but then dismantling the whole apparatus that actually keeps it functional is a whole other thing,” said Murphy.
Legal actions are already underway in several states, including Colorado and Alabama, where ongoing lawsuits are challenging penalties against prisoners who refuse work, based on constitutional amendments passed in 2022.
“As is the case with many areas of legal reform, changing the letter of the law is not enough,” remarked Jessica Vosburgh, an attorney involved in the Alabama case. “You need people who are willing to enforce it and hold state officials to their obligation.”
The legal challenge addresses three regulations that penalize inmates for non-compliance with work requirements, despite claims that such penalties constitute involuntary servitude.
In New Jersey, where Febo is aiding efforts to draft a 2026 amendment, the legal team faces challenges in determining effective language. They aim to craft definitions for slavery and involuntary servitude that will support future legal claims while maintaining the simplicity seen in past amendments.
The network has scheduled a conference for its legal committee to collaborate with scholars on strategies moving forward.
After his role in promoting Amendment A in Colorado, Allen chose to pursue a law degree to tackle some of the legal issues faced by the campaign, highlighting the importance of clarity in conveying the movement's message.
“In hindsight, I see how misinformed people are … One of the things we made very clear in the 2018 campaign is that our biggest opposition is a lack of clarity.”
Allen M Lee contributed to this report for TROIB News
However, the movement faced an unexpected setback this year in progressive California, where a ballot measure specifically aimed at banning forced prison labor failed. This defeat has led activists nationwide to reconsider their strategies for drafting constitutional amendments in the up to 14 states where such measures could be introduced on ballots in 2026.
Advocates for the movement are advocating for precise language that defines involuntary servitude, aiming to empower courts to uphold prisoners’ rights against forced labor. In contrast, campaigners addressing voters who are more conservative on criminal justice matters prefer straightforward anti-slavery provisions that do not delve into specific implications for incarcerated individuals.
“That’s been a big part of our fight, making sure the language is correct,” said Dennis Febo, the New Jersey-based lead organizer for the Abolish Slavery National Network. “The more we’ve done on this question, the more we understand how complicated it is.”
While the abolitionist movement initially enjoyed early successes due to limited organized opposition, it now grapples with internal divisions and external challenges from an established prison industry that views these amendments as a threat and a shifting political climate that may see decreased Republican support.
The emergence of new abolitionists began with Jumoke Emery, whose reflections on the 13th Amendment started during his time in a Colorado jail cell in 2014. Following his participation in the protests in Ferguson, Missouri, he was arrested under what he believed were related to his activism.
“None of it made any sense,” Emery said. “I had been handcuffed, wrist to wrist, ankle to ankle, up against the wall. I sat there for hours in the middle of my workday and the only thing I could think of was, ‘This is what it must have felt like to be a slave.’”
After learning his arrest stemmed from a long-dormant warrant for an insurance-related charge, Emery became motivated to challenge the abuses within the prison legal system, leading him to scrutinize the anti-slavery amendment ratified in 1865, which contains a significant exception for those convicted of crimes.
This loophole has allowed states to mandate work from incarcerated individuals both for governmental functions and for the benefit of private enterprises. Activists assert that while chattel slavery may no longer exist, the exploitation of labor remains in prison systems.
“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,” noted Susanne Schwarz, a Swarthmore College political science professor specializing in the history of American prison labor.
While federal measures have been proposed to close this loophole, Emery’s focus remained at the state level. In 2016, Colorado's Amendment T sought to amend the state constitution by removing the slavery exception. The measure’s narrow defeat was attributed to its confusing language. Emery returned with the more straightforward Amendment A in 2018, collaborating with regional ACLU and NAACP branches, framing the amendment as a moral imperative.
“This campaign is at its most powerful when it’s at its most simple,” said Emery. “I don’t think that we need in-depth societal arguments for abolishing slavery. I think it’s as simple as posing the question: Would you like to continue to be a slaveholder, or would you not? Would you like to continue to have slavery, or would you not?”
Following a strategy where prison labor was discussed only when prompted by voters, the campaign succeeded — Amendment A passed with a 32-point margin.
Kamau Allen, an organizer with Emery in the 2018 initiative, noted that misinformation and voters’ predisposition against incarcerated individuals could be harmful. “So the best thing that any campaign in the abolition space can do is take command of the narrative before the confusion gets out,” he said.
As activists in other states observed Colorado’s success, similar measures were pursued in Utah and Nebraska, both of which passed in 2020. These developments, alongside the Black Lives Matter demonstrations prompted by George Floyd's death, galvanized efforts to advance amendments on ballots in the 2022 midterms. Five states put slavery bans to a vote that year, all but Louisiana's measure passing without organized opposition.
In Louisiana, the amendment’s inclusion of language suggesting the ban “does not apply to the otherwise lawful administration of criminal justice” has raised concerns within the movement.
“We’re glad,” Febo commented on Louisiana's rejection. “It created another exception.”
Activists point to their victories in 2022, particularly in conservative states, as a result of broad bipartisan support in state legislatures. Theeda Murphy, a campaign organizer in Tennessee, described the effort as attempting to eliminate remnants of slavery in their constitution.
“Our message to them was, ‘We need to get rid of this vestige of slavery in our Constitution that doesn’t really do anything, because nobody believes in slavery anymore,’” she said.
In California, legislators proposed an amendment that targeted the exception in the state constitution, stating that no one should “be subjected to slavery or involuntary servitude.” The amendment’s supporters aimed to clarify the rights of incarcerated individuals facing labor demands, asserting that corrections officers “shall not discipline any incarcerated person for refusing a work assignment.”
Skepticism surfaced regarding the potential financial implications of reclassifying prison work as compensated labor rather than punitive. Concerns about increased costs led to estimates from the state’s finance department suggesting an additional $1.5 billion annually to provide minimum wage to working prisoners.
As California's Proposition 6 reached voters in November 2024, its language did not mention “slavery.” Instead, the state attorney general’s summary referred to eliminating involuntary servitude for incarcerated individuals.
This framing burdened campaigners working to clarify the measure, as illustrated by campaign adviser Fabian Núñez, who indicated that the tagline “End Modern-Day Slavery” struggled to resonate in the absence of straightforward language.
Early polls indicated Proposition 6 hover under 50 percent support and failing to gain traction. The amendment struggled against a concurrent tough-on-crime measure, creating an environment that was not conducive to a discussion on prisoner rights.
Conversely, in neighboring Nevada, voters supported the Remove Slavery as Punishment for Crime from Constitution Amendment by over 20 points, benefiting from clear language that included “slavery.”
“The word ‘slavery’ invokes a stronger emotion,” Allen explained. “It’s more identifiable — there are going to be more people who agree that slavery is wrong than people who agree that involuntary servitude is wrong.”
In mid-November, members of the Abolish Slavery National Network held a virtual meeting, with California's Proposition 6 defeat weighing on the discussions. Yet, rather than despair, participants conveyed determination and a focus on future strategies.
“This isn’t our first time seeing a ballot measure fail as a network,” said Allen. “We are determined to learn from these setbacks and to know that okay, we are going to fall forward, that this is a teaching moment, that this is a moment for strategy. So what do 2026 and 2028 look like?”
The network includes representatives from around 20 of its 30-plus state-based campaigns. Activists plan to pursue slavery amendments in 14 states, including California, where the objective is to present clearer language in their proposals for 2026.
However, they face vocal opponents, including companies benefiting from prison labor and state governments that gain what Schwartz describes as a source of “shadow revenue.”
“We have many tools in our correctional toolbox,” Cheshire County Department of Corrections Superintendent Doug Iosue challenged state lawmakers, emphasizing the importance of work requirements for certain offenders.
In states that have successfully voted to protect incarcerated individuals from forced labor, attorneys are beginning to enforce these new amendments. Yet they navigate untested legal terrain, where early decisions could set precedents unfavorable for the movement.
“Removing the exception is one thing, but then dismantling the whole apparatus that actually keeps it functional is a whole other thing,” said Murphy.
Legal actions are already underway in several states, including Colorado and Alabama, where ongoing lawsuits are challenging penalties against prisoners who refuse work, based on constitutional amendments passed in 2022.
“As is the case with many areas of legal reform, changing the letter of the law is not enough,” remarked Jessica Vosburgh, an attorney involved in the Alabama case. “You need people who are willing to enforce it and hold state officials to their obligation.”
The legal challenge addresses three regulations that penalize inmates for non-compliance with work requirements, despite claims that such penalties constitute involuntary servitude.
In New Jersey, where Febo is aiding efforts to draft a 2026 amendment, the legal team faces challenges in determining effective language. They aim to craft definitions for slavery and involuntary servitude that will support future legal claims while maintaining the simplicity seen in past amendments.
The network has scheduled a conference for its legal committee to collaborate with scholars on strategies moving forward.
After his role in promoting Amendment A in Colorado, Allen chose to pursue a law degree to tackle some of the legal issues faced by the campaign, highlighting the importance of clarity in conveying the movement's message.
“In hindsight, I see how misinformed people are … One of the things we made very clear in the 2018 campaign is that our biggest opposition is a lack of clarity.”
Allen M Lee contributed to this report for TROIB News
