By Patrick Mcardle
RUTLAND HERALD
In November, Vermonters will vote on the Reproductive Liberty Amendment, which would enshrine the right to legal abortion in the state Constitution, after a House vote in favor of the proposal passed 107-41 on Tuesday.
An amendment to the Vermont Constitution goes to voters after it is passed by the state’s Senate and House of Representatives in two consecutive legislative sessions. In this case, the amendment, also known as Proposal 5, or Prop 5, was approved by the Senate in 2019 and 2021 and the House in 2019 and again on Tuesday.
If passed during November’s general election, the amendment will become part of the Vermont Constitution.
The amendment would change Article 22 of Chapter 1 of the state Constitution to read, “That an individual’s right to personal reproductive autonomy is central to the liberty and dignity to determine one’s own life course and shall not be denied or infringed unless justified by a compelling state interest achieved by the least restrictive means.”
Discussion on the amendment lasted about two hours before the vote.
Rep. Ann Pugh, D-South Burlington, explained the proposal, would “secure personal reproductive liberty as a fundamental right.”
“Since 1992, the U.S. Supreme Court decisions have begun to dismantle the protections for reproductive liberty recognized in Roe v. Wade. The court began by changing the standard scrutiny it used to analyze state laws, imposing restrictions on individual’s right to choose. The changed standard has led to courts upholding state laws infringing on reproductive rights and the standard protective reproductive rights may further be weakened,” she said.
Pugh said the largest number of abortion restrictions were enacted in various states in 2021 since Roe v. Wade was decided in 1973.
“We can no longer rely on federal courts to uphold the protection for fundamental reproductive rights based on the federal constitution. With this reproductive amendment, we have the opportunity to enshrine these rights in the Vermont Constitution,” Pugh said.
By email, Rep. William Notte, D-Rutland, said he believed there was a lot of misinformation about the proposal which he said will not change the rights and procedures that already exist.
“It does not change a single thing in Vermont. But with uncertainty at the Supreme Court about a woman’s right to choose, it is essential that we work to ensure Vermont women do not lose the freedom to control their own lives,” Notte said.
Rep. Anne Donahue, R-Northfield, who voted against the amendment, said she wasn’t surprised by the vote but said her greater concern was that voters might believe they should support Prop 5 to preserve Roe v. Wade but said the proposal is “very different.”
“The unfairness of it is, it will put people in the position who want to protect Roe v. Wade to feel they have to vote for something that’s radically more extreme. Roe v. Wade struggled to balance the two interests, a woman’s autonomy and the developing life. This chooses only reproductive autonomy,” she said.
Another Rutland County representative, Stephanie Jerome, a Democrat who represents Brandon, said she thought supporting the amendment was “the right thing to do.”
“Abortion is a difficult and painful decision and only between the woman, her family and her doctors. That’s how it’s always been for the past 50 years. This constitutional amendment, if it’s ratified, will just make it part of our Constitution. It doesn’t change anything but just going forward protects women,” she said.
In Washington County, Peter Anthony, Tommy Walz, Mary Hooper, Warren Kitzmiller, Kimberly Jessup, Janet Ancel, Katherine “Kari” Dolan, Maxine Grad, Thomas Stevens and Theresa Wood voted yes on the amendment while no votes were cast by Anne Donahue, Kenneth Goslant, Robert LaClair and Francis McFaun.
In a statement, Lucy Leriche, vice president of public affairs for the Planned Parenthood Vermont Action Fund, said the Legislature “made history.” Pugh told a representative Vermont was the first state to propose enshrining reproductive rights into its constitution.
“Now the Reproductive Liberty Amendment will be decided by Vermont voters in November, and it is up to all of us to get it across the finish line. If we succeed, this will be a groundbreaking achievement. Vermont will become the first state in the nation to explicitly protect reproductive rights in its constitution and pave the way for other states to do the same,” Leriche said.
Lt. Gov. Molly Gray, in a statement released on Tuesday, urged Vermonters to support and pass the Proposition in November.
“As the Supreme Court’s Roe v. Wade remains under attack, let us recognize that the fight for reproductive justice is far from over. An attack on reproductive rights anywhere is an attack on reproductive rights everywhere. … We cannot allow our personal liberties to be rolled back. We must stand united in Vermont and nationally for reproductive liberty.” Gray said.
If approved, the amendment would take effect this year.
patrick.mcardle @rutlandherald.com
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