By Rev. Charles Loflin, Executive Director of UU FaithAction NJ
This Juneteenth, it is time to finally and completely end all forms of slavery and involuntary servitude in the state of New Jersey.
As we celebrate June 19th or Juneteenth—the day we celebrate the emancipation of those who were enslaved in the United States—it is important to point out that slavery has still not been fully abolished in New Jersey.
The 13th Amendment of the U.S. Constitution, ratified in 1865, states “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
Since the 13th Amendment was ratified, slavery was perpetuated starting with Black Codes, including vagrancy laws, that targeted Black people into continued forced labor and continuing through the “War on Drugs” that resulted in further disproportionate convictions of Black people. This exploitation continues to this day, including in New Jersey which has the highest racial disparities in prisons compared to other states. Slavery and involuntary servitude are both heinous institutions. Abolishing prison based involuntary servitude in New Jersey is a necessary and long overdue step towards ending this cycle.
For too long there has been a resistance to changing the status quo, resulting in a national culture that accepts mistreatment of people convicted of a crime. It is time for a change to the narrative and a change to the New Jersey Constitution. Until there is no longer a profit motive for keeping people behind bars and working against their will, New Jersey and the rest of the country will never successfully address the problem of mass incarceration.
A few states have recently banned involuntary servitude for people convicted of a crime, amending their states’ constitutions to expressly prohibit this latest version of slavery. New Jersey introduced legislation to amend its constitution to explicitly end slavery in the 2020-2021 legislative session; it was quietly ignored and thereby effectively killed at the end of the session. Both bills have been reintroduced in the 2022-2023 legislative session as Senate Concurrent Resolution SCR135 and Assembly Concurrent Resolution ACR125. The legislature seems all too content to quietly ignore it again.
The time is now for New Jersey to pass this legislation to prohibit slavery or involuntary servitude in any form within the state constitution. As a Unitarian Universalist, my principles call me to affirm the inherent worth and dignity of every person, as well as justice, equity and compassion in human relations. This is a basic precept held across a multitude of faith traditions as well as those who may claim no tradition at all. Living into those shared values demands support for this legislation.
If passed, SCR135 and ACR125 would allow the following question and interpretive statement to be put on the ballot in November:
CONSTITUTIONAL AMENDMENT TO PROHIBIT SLAVERY AND INVOLUNTARY SERVITUDE
Do you approve amending the Constitution to prohibit slavery and involuntary servitude? This would include involuntary servitude as a penalty for a crime.
Involuntary servitude is when a person is forced to work for another person.
INTERPRETIVE STATEMENT
Currently, the State Constitution does not prohibit slavery or involuntary servitude. This amendment would prohibit slavery and involuntary servitude. Involuntary servitude means forcing a person to work against their will for the benefit of another.
Currently, inmates in this State have to work while in prison. An inmate is paid a minimal amount for that work. This amendment would prohibit forcing an inmate to work as a penalty for a crime, even if they are paid. This amendment would not prohibit inmates from working voluntarily.
The voters of New Jersey should have an opportunity to finally address the historical systems of oppression that allowed slavery and involuntary servitude to continue for some of its citizens by passing the concurrent resolutions and putting the question on the ballot in New Jersey.