The Tennessee Constitutional Amendment: 3, commonly known as Amendment 3 or the Remove Slavery as Punishment for Crime from Constitution Amendment, is an approved

legislatively referred constitutional amendment A legislative referral (or legislative referendum) is a referendum in which a legislature puts proposed legislation up for popular vote. This may either be voluntarily or, as is the case in many countries for a constitutional amendment, as a ma ...

to the

Constitution of Tennessee The Constitution of the State of Tennessee defines the form, structure, activities, character, and fundamental rules (and means for changing them) of the U.S. State of Tennessee. The original constitution of Tennessee came into effect on June 1, ...

that appeared on November 8, 2022. The proposed amendment modifies Article I, Section 33 of the

Tennessee Constitution The Constitution of the State of Tennessee defines the form, structure, activities, character, and fundamental rules (and means for changing them) of the U.S. State of Tennessee. The original constitution of Tennessee came into effect on June 1, ...

, removing the existing provision that allows

slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...

and

involuntary servitude Involuntary servitude or involuntary slavery is a legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion, to which it may constitute slavery. While laboring to benefit another ...

as punishment for convicted individuals. Instead, the amendment explicitly states that slavery and involuntary servitude are prohibited while allowing inmates to work if they are duly convicted of a crime. The change seeks to clarify and restrict the use of involuntary labor within the state. Every county in the state voted in favor of this amendment, with "Yes" getting nearly 80% of the vote.

Content

The proposal will add this language to Article XI of the

as follows:

''“Slavery and involuntary servitude are forever prohibited. Nothing in this section shall prohibit an inmate from working when the inmate has been duly convicted of a crime.”''

The

Tennessee Secretary of State The Tennessee Secretary of State is an office created by the Tennessee State Constitution. The Secretary of State is responsible for many of the administrative aspects of the operation of state government of Tennessee. The current Secretary of ...

's official summary of the amendment on the ballot for November 8, 2022, is as follows:

''"This amendment would change the current language in article I, section 33 of the Tennessee Constitution, which says that slavery and involuntary servitude, except as punishment for a person who has been duly convicted of crime, are forever prohibited in this State. The amendment would delete this current language and replace it with the following language: “Slavery and involuntary servitude are forever prohibited. Nothing in this section shall prohibit an inmate from working when the inmate has been duly convicted of a crime.”''

The

's official title of the amendment on the ballot for November 8, 2022, is as follows:

''Shall Article I, Section 33 of the Constitution of Tennessee be amended by deleting the section and substituting instead the following?'' ''"Section 33. Slavery and involuntary servitude are forever prohibited. Nothing in this section shall prohibit an inmate from working when the inmate has been duly convicted of a crime."''

A vote for Amendment 3 supports amending the state constitution by eliminating the provision permitting slavery and involuntary servitude as criminal penalties. Instead, it introduces the declaration, "Slavery and involuntary servitude are permanently banned," thereby prohibiting these practices. A vote against Amendment 3 opposes the proposal, and wouldn't change language in ''article I, section 33 of the Tennessee Constitution.''

Supporters

Most Republican and

Democratic Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...

lawmakers supported this amendment when it was introduced in the

General Assembly A general assembly or general meeting is a meeting of all the members of an organization or shareholders of a company. Specific examples of general assembly include: Churches * General Assembly (presbyterian church), the highest court of pres ...

and put on the ballot, along with Governor Bill Lee and Jason Martin, the Republican and Democratic nominees for

governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

. The

Human Rights Campaign The Human Rights Campaign (HRC) is an American LGBTQ advocacy group. It is the largest LGBTQ political lobbying organization within the United States. Based in Washington, D.C., the organization focuses on protecting and expanding rights for LGB ...

also supported voting "Yes" on the amendment. Raumesh Akbari, a Democratic senator from

Memphis Memphis most commonly refers to: * Memphis, Egypt, a former capital of ancient Egypt * Memphis, Tennessee, a major American city Memphis may also refer to: Places United States * Memphis, Alabama * Memphis, Florida * Memphis, Indiana * Memp ...

, stated, "Our constitution should reflect our values, and it's important that we not have any loopholes that will say in any circumstance slavery is permissible. I think it's an ugly part of our history that needs to be completely put to bed."{{Cite web , last=Staff , first=KATHLEEN SERIE {{! WZTV , date=2021-03-16 , title=4 Tennessee senators vote against removing slavery as punishment from State Constitution , url=https://fox17.com/news/local/4-tennessee-senators-vote-against-removing-slavery-as-punishment-from-state-constitution , access-date=2023-10-06 , website=WZTV , language=en

Opponents

There were some but few opponents to this amendment. Senators Brian Kelsey and

Joey Hensley Joey Hensley (born July 28, 1955) is an American politician and a Republican member of the Tennessee Senate representing District 28 since January 8, 2013. Hensley served consecutively in the Tennessee General Assembly from January 2003 until J ...

were key figures who opposed the amendment. Kelsey states, "I just think it's ultimately fake history to be telling our voters next year that the 1870 Constitution allowed slavery. It clearly did not, and it was passed five years after Tennessee and the United States ratified the 13th Amendment, forever prohibiting slavery. So that to me, Mr. Speaker is fake history, and for that reason, I'll actually be voting no."

References

2022 in Tennessee Abolitionism in the United States Tennessee law Legislatively referred ballot measures U.S. state constitutional amendments History of slavery in Tennessee

Content

Supporters

Opponents

See also

References