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Ohio’s Constitution: A Historic Step in Abolishing Slavery as a Loophole

Jun 16, 2023
Ohio's Constitution

The Need for Change: Addressing Ohio’s Constitution

Ohio Constitution is currently engaged in crucial discussions regarding the abolition of slavery as a means of punishment from Ohio’s constitution. Led by Reps. Dontavius Jarrells (D-Columbus) and Phil Plummer (R-Dayton), the proposed resolution aims to close a loophole that allows slavery or involuntary servitude solely for the purpose of punishment for a crime. Through House Joint Resolution 2, Jarrells and Plummer seek to eliminate the phrase “unless for the punishment of crime” and replace it with “nor involuntary servitude.” This significant change would firmly establish Ohio’s unequivocal rejection of any form of slavery within its legal framework.

A Symbolic Step Towards Equality: Ohio’s Commitment

Rep. Jarrells passionately expressed his concerns about raising children in a state that still harbours language associated with slavery. While the resolution’s impact may be largely symbolic, its significance lies in the powerful message it sends—a resolute commitment to fairness, justice, and the complete eradication of all remnants of slavery. By aligning Ohio’s constitution with the values of freedom and civil rights, this proposal signifies a crucial milestone in the state’s pursuit of a more equitable and inclusive society.

Challenging Historical Context: The Impact of the Crime Exception

The provision allowing slavery as punishment for crime, enshrined in the Thirteenth Amendment of the U.S. Constitution, has faced significant criticism for its historical implications. Critics argue that this exception has been widely exploited to target and mistreat Black individuals, particularly in the aftermath of the Civil War. Organizations like the American Civil Liberties Union (ACLU) contend that the crime exception perpetuated the criminalization and re-enslavement of people of color. Therefore, Rep. Jarrells asserts that removing this provision from Ohio’s constitution is long overdue—a necessary step in ensuring that the state no longer upholds an idea that played a significant role in past injustices.

Addressing Concerns About Prison Labor: The Details

Ohio's Constitution

As the resolution gains momentum, concerns arise regarding the impact on prison labor. During an April House committee hearing, Rep. Brian Stewart (R-Ashville) voiced criticism regarding the removal of the slavery loophole from Oregon’s state constitution. Stewart argued that the crime exception does not endorse pre-Civil War slavery but rather acknowledges that individuals convicted of a crime may be required to work in correctional facilities as part of their sentence. This delicate balance between addressing historical injustices and ensuring the fairness of prison labour remains an ongoing subject of contemplation.

Joining a Growing Movement: The Power of State-Level Change

Advocates of the resolution emphasize the significance of Ohio joining other states in eliminating the slavery loophole from their respective state constitutions. Currently, eight states have taken definitive steps towards this goal. Among them are Alabama, Louisiana, Oregon, Tennessee, and Vermont, where voters recently removed the provision through ballot initiatives. The collective momentum generated at the state level is believed to enhance the likelihood of a similar change to the U.S. Constitution. Rep. Jarrells believes that if every single state in the nation takes a firm stance, it will become increasingly difficult to maintain the provision in the federal constitution. This ever-evolving wave of progress brings the U.S. closer to reconciling its past and striving towards a future that rejects the dark chapter of slavery.

Bipartisan Support: A Unified Stand for Justice

While Rep. Phil Plummer and other Republican lawmakers supporting the resolution were unavailable for comment, their involvement underscores a bipartisan commitment to addressing this historical issue. The proposed change to the Ohio Constitution demonstrates a shared determination among lawmakers to ensure that the state upholds the

principles of equality, fairness, and opportunity for all its residents.

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In Conclusion: Ohio’s Journey Towards a More Inclusive Future

Ohio legislators are actively considering the abolition of slavery as a punishment from the state’s constitution, marking a significant step towards rectifying past injustices. With House Joint Resolution 2, sponsored by Reps. Dontavius Jarrells and Phil Plummer, Ohio aims to remove the provision that permits slavery as a punishment for crime. This endeavour signifies the state’s unwavering commitment to equality and justice while challenging the historical context that perpetuated the oppression of marginalized communities. By joining other states in this movement, Ohio seeks to pave the way for nationwide change, forging a future that embraces the principles of freedom and dignity for all.