Sacramento–ACA 3, a California Legislative Black Caucus priority, failed to advance to the November 2022 ballot last week when it did not have the 27 votes needed to pass off the Senate floor. ACA 3 would have amended the California state constitution by removing the exception clause to involuntary servitude; so that like slavery, it would be completely prohibited. It would have also clarified that voluntary work in correctional facilities would be allowed. States across the country are embarking on a shared journey to remove hateful and historically painful language and practices from their constitutions. Nebraska, Utah and Colorado have so far been successful. Alabama, Louisiana, Tennessee, and others will be voting on similar measures later this year. Until last week, California was a part of this national conversation.
ACA 3 made it through the Assembly and Senate policy and fiscal committees with little to no opposition. On June 23rd, it was heard on the Senate floor, where it sparked a debate on the potential financial and operational impacts of eradicating forced labor. Many have assessed that this would create chaos in prisons and open the door for litigation. That is not the belief of the measure’s author, Senator Sydney Kamlager, CLBC Vice Chair. Rather, the intent was to end the practice of forced labor, something California sanctioned in lieu of slavery. Erasing involuntary servitude, if only by word, would have been a substantive step toward safeguarding our future from the worst practices of our past.
“As a proud co-author of this measure, I am very disappointed that this common sense measure did not move forward. How can California be the first state in the nation to have a task force to study reparations while simultaneously be one of nine states to permit indentured servitude as a criminal punishment? The failure to advance ACA 3 is one of the many contradictions we see in this state when the time comes to advance equity and justice. ” said Senator Steven Bradford, CLBC Chair. “We often say, as California leads, the rest of the country will follow. Continuing to permit indentured servitude in our state is a clear example that more work needs to be done. Advancing equity and justice for all should not be a talking point, but a goal we are fully committed to making a reality for all Californians.”
Said Kamlager, “This effort was uniquely personal to me. The first person to hold me after my birth was my great great grandmother. She owed her direct freedom to President Abraham Lincoln and his work abolishing slavery. Her story is part of my blood. I will continue to fight to speak the truth about our history so that we can learn from it and be better. That is democracy.”
Formerly incarcerated people led the advocacy efforts to pass ACA 3. Throughout the legislative process they shared their experiences on the inside—stories of being coerced, threatened, and punished for wanting to learn or rehabilitate rather than work an appointed job. They know firsthand how the passage of ACA 3 would have been a step toward healing for them, for their families, and for those still on the inside. Their message has been simple and clear: involuntary servitude is not rehabilitation, and perpetuating economic violence is no way to heal.
CLBC looks forward to reintroducing this measure next year and continuing the fighting for justice.
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