Some Tennesseans Concerned With Legal Ramifications Of Voting “Yes On 3”
The Tennessee Conservative [By Paula Gomes] –
Some Tennesseans are concerned that there will be unintended consequences of voting “yes” on Amendment 3 at the ballot box today.
Amendment 3 aims to remove language from the Tennessee constitution that allows an exception for slavery as a punishment for crime, even though no prisoners in Tennessee currently go unpaid for the work they do while incarcerated.
Last year when the amendment was approved by the Tennessee House, Representative Susan Lynn (R-Mount Juliet-District 57) noted that prisoners are paid even though Tennessee does not require them to be paid. She said she was concerned that language in the amendment could lead to the state getting sued related to prisoner work.
The Tennessee Department of Corrections (TDOC) prison work program requires all able-bodied inmates to either work or attend programming. If they work, their compensation ranges from $0.17 to $1.00 an hour.
The state constitution has prohibited slavery since 1870 but does include an exception that could be used to allow prisoners in Tennessee to work without pay. According to TDOC, there are no state prison work programs that allow this.
Corrections spokesperson Dorinda Carter told Main Street Nashville, “The amendment will have no impact on TDOC operations.”
The new amendment wording reads:
Slavery and involuntary servitude are forever prohibited in this state. Nothing in this section shall prohibit an inmate from working when the inmate has been duly convicted of a crime.
The amendment has widespread bipartisan support from both Governor Bill Lee and the Tennessee legislature where it passed in both 2019 and 2021 with support in both chambers.
During a recent news conference, Lee told reporters, “I think it’s the right thing to do.”
Not all Tennesseans are sure.
Joanna Martin J.D. wrote, “Whenever existing language in a constitution is changed, the entire body of pre-existing court opinions construing that existing language is done away with. And courts can start afresh with a new interpretation of the new provision. The proposed Amendment would permit Courts to say that convicts may be put to work to benefit private interests.”
Shelby White, a spokesperson for the Yes on 3 campaign appears to hint at a larger agenda regarding prison work when he said to Main Street Nashville, “The focus of the Yes on 3 campaign is to remove the slavery ‘exception language’ from our constitution, period. It’s difficult to address questions about compensation while slavery is still protected within Tennessee’s moral document.”
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
