(LEX 18) — There is a push at the Capitol to get rid of a slavery exception that is currently enshrined in Kentucky's Constitution.
"The 13th Amendment abolished slavery for all intents and purposes, but slavery still continues," said Rep. George Brown, Jr.
"We are still enslaving people in the year 2025 and that's something that should not happen," he added during a press conference on Tuesday.
While Kentucky does ban slavery, it carves out an exception for one group of people - people convicted of a crime. The situation is the same in at least 40 other states.
Article 1, section 25 of Kentucky's Constitution states: "Slavery and involuntary servitude in this State are forbidden, except as a punishment for crime, whereof the party shall have been duly convicted." And criminal justice advocates say that exception is utilized a lot.
"I am a formerly incarcerated person, so I have been dealing with involuntary servitude," said Savvy Shabazz. "Paying people 63 cents per day and sometimes less for hard labor. Again, like I said, it's not fair."
"I remember being sent out of a halfway house out of Louisville to do demolition work for one the nation's largest contributors to our community. They had just received a $3.5 million grant to do the demolition work," Shabazz added. "And they paid us 63 cents per day to do the demolition work."
A bill could make changes. Brown filed House Bill 121, a constitutional amendment that would give voters a chance to remove Kentucky's slavery and involuntary servitude exception.
"There is no reason for slavery or involuntary servitude to have any type of legal protection," said Brown.
“Words matter, and the words in the exception clause still mean that Kentuckians agree to be complicit in crimes against humanity,” said Patricia Gailey with Abolish Slavery Kentucky. “It is past time to finish the task Abraham Lincoln started.”
“The presence of the slavery clause/involuntary servitude in Kentucky's constitution perpetuates a painful legacy of oppression and dehumanization,” Shabazz added. “It serves as a stark reminder of a dark chapter in our nation’s history when the fundamental rights of certain individuals were systematically denied based on race. While slavery may have been abolished long ago, its lingering presence in our constitution symbolizes a persistent inequality that cannot be ignored.”
Brown has filed his bill before with no luck in the General Assembly. But he hopes this year is different. He wants the bill to at least receive a committee hearing.
“We will do all we can to get this amendment on the ballot in 2026,” Brown said. “I have no doubt Kentuckians will agree that this exception must go, but getting it through the General Assembly is the first step. I am optimistic that we will do just that in the weeks ahead.”
