Why It Matters
Kentucky lawmakers are being urged to give voters the chance to remove a constitutional clause that permits slavery as punishment for a crime — language that has remained in the state’s founding document for more than 150 years. The provision, found in Section 23 of the Kentucky Constitution, mirrors the exception clause in the 13th Amendment to the U.S. Constitution and has drawn renewed scrutiny as the nation approaches its 250th anniversary.
For criminal justice advocates and constitutional reform supporters, the clause represents an outdated legal relic that conflicts with modern values around liberty and equal protection. The push to remove it has gained momentum across the country, and Kentucky now faces pressure to join that movement.
What Happened
House Bill 112, currently awaiting committee action in the Kentucky House of Representatives, would place a constitutional amendment before Kentucky voters to strike the slavery exception clause from Section 23 of the state Constitution. The bill has not yet advanced out of committee, but advocates are calling on House Speaker David Osborne and Senate leadership to bring it forward for a vote.
The effort is framed not as a challenge to the state’s criminal justice system, but as a clarification of values. Supporters argue that the language permitting involuntary servitude as criminal punishment has simply outlived its purpose and that Kentucky voters deserve the opportunity to weigh in directly through a ballot measure.
The commentary calling for action was co-authored by Craig Berkman and Rufus Friday, who published their appeal through the Kentucky Lantern on March 23, 2026. The authors drew on Kentucky’s unique historical identity as the birthplace of Abraham Lincoln to frame the amendment as a continuation of the state’s own legacy in the fight against slavery.
Section 23 of the Kentucky Constitution currently reads that slavery and involuntary servitude are prohibited “except as a punishment for a crime, whereof the party shall have been duly convicted.” That exception language is nearly identical to the wording in the 13th Amendment to the U.S. Constitution, ratified in 1865.
By the Numbers
At least eight states have already passed constitutional amendments removing similar exception clauses in recent years, including Alabama, Tennessee, Nebraska, Colorado, Utah, Oregon, Rhode Island, and Nevada. In each of those states, the measure was placed before voters and approved with broad, bipartisan support.
The United States will mark the 250th anniversary of its founding on July 4, 2026, a milestone that advocates say makes this a particularly meaningful moment for states to audit their foundational legal documents. Kentucky’s constitution, last comprehensively revised in 1891, contains multiple provisions that have been amended or challenged over time.
House Bill 112 has not yet received a committee hearing in the current legislative session. If the bill fails to advance before the session ends, the amendment could not appear on a statewide ballot until a future legislative cycle brings the measure forward again.
Zoom Out
The push to eliminate slavery exception clauses from state constitutions has grown significantly over the past several years. Following a 2020 national conversation around racial justice and systemic inequality, several states moved quickly to place amendment questions before voters, and nearly all succeeded with strong support across party lines.
At the federal level, efforts to amend the 13th Amendment itself have been introduced in Congress but have not advanced. Critics of the exception clause argue it has enabled prison labor programs that disproportionately affect incarcerated people of color, though courts have generally upheld such programs under existing law. The constitutional amendment effort at the state level is largely symbolic in terms of immediate legal impact but carries significant weight as a statement of public values.
Kentucky’s position as Abraham Lincoln’s birth state adds a particular dimension to the debate. Supporters of the amendment argue that the state has a historical responsibility to align its legal language with the principles Lincoln championed, particularly as the country marks a landmark anniversary of its founding ideals.
What’s Next
For House Bill 112 to reach Kentucky voters, it must first pass out of committee, then receive approval from both the Kentucky House and Senate. Constitutional amendments in Kentucky do not require the governor’s signature but must be ratified by voters at a general election.
Advocates are pressing legislative leadership to schedule a committee hearing before the current session concludes. If passed by the General Assembly, the amendment could appear on the November 2026 ballot, giving Kentucky voters a direct say in whether to remove the slavery exception clause from their state constitution for the first time since it was written.