The 13th Amendment to the U.S. Constitution is known for abolishing slavery, but it only ended chattel slavery while allowing another form to persist. The amendment includes an exception clause permitting slavery and involuntary servitude as punishment for a crime, which is the basis for forced prison labor today. After emancipation, southern states, including Virginia, enacted 'Black Codes' to restrict African Americans' freedom and ensure a cheap labor force. This 'slavery loophole' led to the criminalization and re-enslavement of Black people. Today, those incarcerated and subjected to forced labor are still disproportionately Black and Brown. We must act to ensure slavery and involuntary servitude are entirely eradicated.

Calling prisoners "slaves of the state" highlights their restricted freedoms and the state's control over them. This term underscores the power imbalance and lack of autonomy they face. It originated from the 1871 Virginia Supreme Court case Ruffin v. Commonwealth, which ruled that prisoners had no constitutional rights while in prison, treating them as state property. Although this view has evolved and prisoners now have some rights, the term still emphasizes the harsh realities of incarceration.

Amending Virginia's constitution is crucial because, without explicit protection against slavery, citizens remain vulnerable to the legalized slavery allowed by the U.S. Constitution’s 13th Amendment. This amendment permits slavery as punishment for a crime, so state-level action is necessary to ensure complete abolition.

Amending Virginia's state constitution to abolish all forms of slavery, including as punishment for a crime, would have profound implications beyond symbolism. It would legally eliminate any provisions allowing slavery, making forced labor unconstitutional within the criminal justice system. This change would prompt a reevaluation of prison labor practices, where incarcerated workers currently earn very low wages. The amendment would also symbolize a commitment to human rights and social justice, acknowledging past injustices and setting a precedent for other states. While there may be legal challenges, the amendment would ultimately reinforce the rejection of all forms of slavery.