Ohio constitution allows slavery as punishment for crime, lawmakers working to amend it

DAYTON, Ohio (WKEF) — Ohio lawmakers are pushing to prohibit slavery as a punishment for crime in the state.

The United States abolished slavery more than 100 years ago. However, a few states' constitutions, including in Ohio, still say that slavery and involuntary servitude is a form of punishment for crimes.

Reps. Phil Plummer and Dontavious Jarells are spearheading a proposed amendment that prohibits slavery and involuntary servitude as punishment for crime, with no exceptions. The first attempt has bipartisan support.

According to Tom Hagel, a law professor at the University of Dayton, this was historically a common way to punish inmates.

It was very common for penitentiaries to basically turn the inmates into slaves. In fact, they would even farm them out to farms and plantations and have them work on it, and then the money would go to the penitentiary," said Hagel.

According to the Ohio Department of Rehabilitation and Corrections, inmates make around a $1.10 an hour.

Hagel said if any state were to use inmates for profit, that would be a federal crime.

"If they tried to enforce it today to enslave somebody for punishment for a crime, that would clearly violate the United States Constitution,” said Hagel.

Five states – Alabama, Louisiana, Oregon, Tennessee and Vermont – voted to amend their constitutions in the 2022 midterm elections. Every state adopted the new law, except for Louisiana.

There is never a circumstance in which slavery should be legal, and it is time that we update our Constitution to reflect that. I am a co-sponsor of HJR 2 because the current language is outdated and does not reflect who we are as Ohioans," said Rep. Willis E. Blackshear Jr., one of 30 co-sponsors of House Joint Resolution 2.

The resolution returned to the House Committee on Wednesday. Ohio lawmakers hope the proposal is on the statewide ballot sometime next year.