CA Voters Reject Prop 6, Maintaining Forced Labor In Prisons
By Sunaina Tadakamalla
For the first time, California voters weighed in on a measure to prohibit slavery and involuntary servitude for prisoners, but Proposition 6 was decisively rejected. With 94% of votes counted as of November 18, 53% voted “no” (7.5 million) compared to 46% who voted “yes” (6.5 million), according to official tallies.
The defeat means California will continue its practice of forced labor for incarcerated individuals, a policy that critics say disproportionately impacts marginalized populations. The rejection also reflects a broader trend in California, where left-leaning policies have faced growing resistance.
A Shift Toward Hyper-Incarceration
“It feels like we’re stepping into a new era,” said Raj Jayadev, co-founder of Silicon Valley De-Bug and a prominent criminal justice advocate. He described the failure of Prop 6, alongside the passage of Prop 36—imposing longer sentences for drug and theft offenses—as markers of a shifting political landscape in the state.
Jayadev likened the moment to the 1990s “Three Strikes Law” and the “War on Drugs” era, warning of an emerging phase of hyper-incarceration that disproportionately penalizes Black and brown communities. “This is not about logical political debate but about the dehumanization of incarcerated people,” he said.
A Legacy of Forced Labor
Several states, including Colorado, Alabama, Tennessee, and Vermont, have recently banned forced prison labor, often framing the move as part of efforts to confront the legacy of slavery. California’s measure gained momentum following the work of the state’s Reparations Task Force, which highlighted the systemic harm of discriminatory policies against African Americans.
However, the campaign for Prop 6 struggled to clarify its objectives to voters. “The ‘yes’ campaign failed to explain what the measure would actually do. When voters are confused, they vote no,” said Larry Gerston, a political science professor emeritus at San Jose State University.
Systemic Racial Injustice
Critics argue that Prop 6’s failure reflects deeper issues within California’s justice system. An alliance of racial justice groups and the ACLU highlighted the historical ties between modern prison labor and slavery, tracing its roots to post-Thirteenth Amendment practices like convict leasing and chain gangs.
Data from the Bureau of Justice Statistics underscores racial disparities in incarceration. In 2022, Black individuals accounted for 32% of the U.S. prison population, though they represent just 13.7% of the national population. Similarly, Hispanic individuals made up 23% of prisoners while comprising 19.5% of the population.
These disparities are compounded by systemic racial bias in policing and sentencing. Studies from UCLA and the United States Sentencing Commission show that Black and Hispanic communities are over-policed and receive harsher sentences than their white counterparts for similar offenses.
Fiscal and Practical Concerns
Some opponents of Prop 6, including the Orange County Register editorial board, argued that labeling prison labor as slavery was misleading. They also expressed concerns about the economic implications of paying fair wages to incarcerated workers, which could strain the state’s budget.
Supporters of prison labor claim it helps prepare inmates for life after release, but advocates like the ACLU counter that such justifications echo past arguments used to uphold systemic racial oppression.
Moving Forward
The rejection of Prop 6 leaves California at odds with a growing national trend to abolish forced prison labor. Advocates like Jayadev stress the need for broader awareness of the injustices faced by incarcerated individuals, urging policymakers and voters to confront the systemic inequities that persist in the criminal justice system. (Ethnic Media Services)