Vermont Does The Rights Thing By Women

As the clock ticks down to SCOTUS gutting Roe and states being allowed to end safe abortion services for tens of millions, Vermont is expected to put the question of a right to abortion to voters and to enshrine that right in the state's constitution.

Vermont legislators will vote Tuesday on a constitutional amendment that would guarantee the right to abortion and contraception, the first amendment of its kind anywhere in the United States.

If passed, the proposed amendment, known as Proposition 5, will head to Gov. Phil Scott (R), who is required to give public notice of the measure before it appears on the ballot in November. Scott has signaled his support for Proposition 5. And voters in Vermont, where 70 percent of people say abortion should be legal in all or most cases, are expected to approve it.

The proposal is part of a wave of abortion rights legislation to emerge in Democratic states this year, ahead of a key Supreme Court ruling on abortion expected this summer. The Supreme Court case, which involves a Mississippi law that bans abortion at 15 weeks, could overturn or significantly weaken Roe v. Wade, the landmark decision that has guaranteed the right to abortion for almost 50 years.

Fifteen states have passed laws protecting the right to abortion, including, most recently, New Jersey, where Gov. Phil Murphy (D) signed the Freedom of Reproductive Choice Act in January. Other states, such as Florida, have privacy laws in their state constitutions, which courts have interpreted to protect the right to abortion. But no other state has enshrined the right to abortion in its constitution.

At a moment when antiabortion legislators across the Southeast and Midwest are proposing dramatic rollbacks of abortion rights, abortion rights advocates are thrilled to see a state moving in the opposite direction.

“We are hoping to be a model for other states to follow,” said Lucy Leriche, vice president of Vermont Public Policy at Planned Parenthood of Northern New England. “In states all over the country, politicians are moving to take away reproductive rights, specifically abortion rights, and we could be an example of another way.”

 

State Republicans in the legislature are unhappy to say the least.

Republican lawmakers and lobbyists in Vermont have called the amendment “extreme.” By adding this amendment to the state constitution, said Republican state Rep. Anne Donahue, legislators are making the assumption that public opinion on abortion won’t change.

“We as human beings have made a lot of mistakes at times when we thought we were doing the right thing,” said Donahue, who cited the Supreme Court’s prior rulings on segregation and eugenics. “When we start putting a current belief in the constitution, I think we’re playing with fire.”

Donahue and other Republicans have cited concerns with certain language in the proposed amendment. Proposition 5 guarantees the right to “reproductive autonomy,” a term Donahue said is too vague, opening the door for future courts to interpret the amendment more broadly than legislators intended.

 

Yes, it might be interpreted to mean that women have control over their own reproductive organs. 

Perish the thought.