What They Voted For

Almost one year ago Article 22 was sent to the Vermont voters and approved, “Sec. 2. Article 22 of Chapter I of the Vermont Constitution is added to read: Article 22. [Personal reproductive liberty] 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.”

Last legislative session, the state legislators began to show their cards to how they stacked the deck against individual rights in favor of state rights crafted in the purpose section of Article 22.

On July 26th, the Vermont Daily Chronicle reported, “Alliance Defending Freedom attorneys filed a federal lawsuit Tuesday on behalf of the National Institute of Family and Life Advocates and two pregnancy care centers challenging Vermont state officials for unconstitutionally restricting the centers’ speech and provision of services, an ADF statement released Tuesday said.”

Along with restricting pro-life pregnancy centers, Act 15 restricts the treatment of gender dysphoria to the gender-affirming model, which Chair Houghton claimed, “solidifies our stated goal with Article 22” during the House Health Care meeting on April 5, 2023.

In trying to understand “our stated goal with Article 22,” VFA submitted a FOIA request. Legislative Counsel and Records Officer Tucker Anderson responded, “After reviewing the request and associated records, I can confirm that the referenced “stated goals” refers to Sec. 1 of Constitutional Prop. 5 (Article 22), which states the General Assembly’s purpose and intent.”

Article 22 was not crafted to protect unlimited individual reproductive rights free from government interference. Article 22 was crafted to insert state rights by literally interpreting the Vermont Constitution within the General Assembly’s purpose and intent, “This amendment is in keeping with the values espoused by the current Vermont Constitution. Chapter I, Article I declares ‘That all persons are born equally free and independent, and have certain natural, inherent, and unalienable rights’ Chapter I Article 7 states ‘that government is or ought to be, instituted for the common benefit, protection, and security of the people.’” The General Assembly inserted its “stated goals”, “The core value reflected in Article 7 is that all people should be afforded all the benefits and protections bestowed by the government and that the government should not confer special advantages upon the privileged.”

Just four words, “bestowed by the government,” reassigned “personal reproductive autonomy” to the state government and intentionally kept ulterior motives from the voters of Vermont. “That’s important to clarify, and that it does not go to the voters. So the only thing that goes to the voters is the article itself,” Senator Ginny Lions stated in committee in April of 2019.

It doesn’t end there. Legislative Counsel Michele Childs stated during her April 13 testimony before the Senate Judiciary that if S.37(Act 15) were challenged, the State Attorney General would defend the conversion therapy ban (state choice) according to the strict scrutiny standard under Article 22.

Representative Ann Donahue strived to alert the voters that the “strict scrutiny standard” under Article 22 would be a state advantage in future court challenges.

It’s time for Vermont voters to know exactly what they voted for.

Originally Published in Caledonian Record