The 2022 Vermont reproductive rights initiative, officially titled the "Reproductive Liberty Amendment", and listed on the ballot as Proposition 5, was a legislatively referred constitutional amendment that was adopted on November 8, 2022, by a landslide majority of 76.8% of voters. It codified reproductive rights in the Constitution of Vermont. It was signed into the constitution by Republican governor Phil Scott on 13 December 2022.[2]
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Reproductive Liberty Amendment[1] | |||||||||||||
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Background
editIn the 19th century, bans by state legislatures on abortion were about protecting the life of the mother, given the number of deaths caused by abortions; state governments saw themselves as looking out for the lives of their citizens.[3] Vermont's first ban on abortion was passed in 1846.[4] It read:
“Whoever maliciously, or without lawful justification, with intent to cause and procure the miscarriage of a woman, then pregnant with child, shall administer to her, prescribe for her, or advise, or direct her to take or swallow any poison, drug, medicine, or noxious thing, or shall cause or procure her, with like intent, to take or swallow any poison, drug, medicine, or noxious thing, and whoever maliciously, and without lawful justification, shall use any instrument or means whatever, with the like intent, and every person, with the like intent, knowingly aiding and assisting such offenders, shall be deemed guilty of felony, if the woman die in consequence thereof, and shall be imprisoned in the state prison, not more than ten years, nor less than five years; and if the woman does not die in consequence thereof, such offenders shall be deemed guilty of a misdemeanor; and shall be punished by imprisonment in the state prison not exceeding three years, nor less than one year, and pay a fine not exceeding two hundred dollars.”
In 1970, the Vermont Supreme Court upheld the constitutionality of the state's abortion ban in the context of the Constitution of the United States in State v. Bartlett.[5] However, the court overturned the ban less than two years later, in Beacham v. Leahy, based on the Vermont Constitution.[6]
Text
editPersonal 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.
Endorsements
edit- Statewide officials
- Molly Gray, 83rd Lieutenant Governor of Vermont (2021-2023) (Democrat)[7]
- Phil Scott, 82nd Governor of Vermont (2017-present) (Republican)[8]
- David Zuckerman, Lieutenant Governor of Vermont (2017-2021, 2023-) (Progressive)[9]
- U.S. Representatives
- Peter Welch, U.S. representative from VT-At Large (2007–present) (Democrat)[10]
- State Senators
- Kesha Ram Hinsdale, state senator from the Chittenden County district (2021–present) (Democrat)[11]
- State Representatives
- Jessica Brumsted, state representative from the Chittenden-7 district (2017–present) (Democrat)[12]
- Individuals
- Sue Racanelli, President of the League of Women Voters of Vermont[13]
- Organizations
- State Representatives
- Anne Donahue, state representative from the Washington-2 district (2003–present) (Republican)[12]
- Individuals
- Jay Shepard, Republican National Committeeman from Vermont[17]
- Organizations
See also
edit- Abortion in Vermont
- 2022 Kansas abortion referendum
- 2022 California Proposition 1
- 2022 Michigan Proposal 3
- November 2023 Ohio Issue 1
- 2024 Arizona Proposition 139
- 2024 Colorado Amendment 79
- 2024 Florida Amendment 4
- 2024 Maryland Question 1
- 2024 Missouri Amendment 3
- 2024 Montana Initiative 128
- 2024 Nebraska Right to Abortion Initiative
- 2024 Nevada Question 6
- 2024 New York Proposal 1
- 2024 South Dakota Amendment G
- 2022 Vermont Proposal 2
References
edit- ^ "2022 General Election Constitutional Amendment Question". Vermont Secretary of State. Retrieved May 6, 2024.
- ^ "Vermont governor signs amendment protecting abortion rights". AP News. December 13, 2022. Retrieved August 18, 2024.
- ^ Buell, Samuel (January 1, 1991). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID 11652642.
- ^ Dobbs v. Jackson Women's Health Org., No. 19-1392, slip op. at 84 (U.S. June 24, 2022).
- ^ "State v. Bartlett". Justia. October 6, 1970. Retrieved May 6, 2024.
- ^ "Beecham v. Leahy". Justia. January 14, 1972. Retrieved May 6, 2024.
- ^ @mollyforvermont (October 27, 2022). "On Nov. 8, Vermont voters will decide whether to amend the Vermont Constitution to designate personal reproductive autonomy as a protected constitutional right. Every vote matters in this fight. Vote "YES" on Prop. 5. @reprolibertyvt (3/3)" (Tweet) – via Twitter.
- ^ @GovPhilScott (July 6, 2022). "Today, as required by the Vermont Constitution, I provided formal public notice that Prop. 5, a measure to enshrine reproductive liberty in the State constitution, will appear on the November general election ballot. We must protect the rights of women in our state" (Tweet) – via Twitter.
- ^ @zuckermanforvt (August 30, 2022). "I'm voting YES on Article 22 (formerly Prop 5), #Vermont's Reproductive Liberty Amendment because I believe that important medical decisions should be guided by a person's health & well-being, not by the government. Please RT if you're voting yes too! #vtpoli" (Tweet) – via Twitter.
- ^ St. Angelo, Lilly (May 3, 2022). "After early draft on Roe v. Wade is leaked, Vermont politicians push for Proposition 5". Burlington Free Press. Retrieved May 6, 2024.
- ^ @KeshaRam (June 24, 2022). "We will also be joined by House Human Services Chairwoman Ann Pugh, who has just retired after getting Prop 5 through the House and spending 30 years fighting for abortion access in the Vermont Legislature! Join us today at 4 pm, #BTV City Hall Park. #AbortionRightsAreHumanRights" (Tweet) – via Twitter.
- ^ a b "Vermont House approves reproductive rights constitutional amendment, sending it to voters". Brattleboro Reformer. February 8, 2022. Retrieved May 19, 2024.
- ^ a b "Letter: League of Women Voters supports Article 22". Brattleboro Reformer. April 11, 2024. Retrieved May 19, 2024.
- ^ @ACLUVermont (November 7, 2022). "This is just a small sampling of the dozens of letters to the editor written to Vermont news outlets in support of the Reproductive Liberty Amendment this year. We hope you will join us by voting YES on Prop 5 to explicitly protect reproductive freedom in our state constitution" (Tweet) – via Twitter.
- ^ St. Angelo, Lilly (May 3, 2022). "After early draft on Roe v. Wade is leaked, Vermont politicians push for Proposition 5". Burlington Free Press. Retrieved May 6, 2024.
- ^ @progparty (June 24, 2022). "3/4 We appreciate Vermont's efforts to put this basic right into law and enshrine it in our constitution and strongly support adoption of Prop 5 on Election Day" (Tweet) – via Twitter.
- ^ @JaytheShepard1 (November 7, 2022). "Vermont's Prop 5/Article 22 is even worse than Michigan's Prop 3. So Vermonters take TULSI's advice and vote NO on Prop 5/Article 22" (Tweet) – via Twitter.
- ^ @ADFLegal (November 7, 2022). "VOTE NO on Vermont Prop 5. #Prop5's vague language protecting "reproductive autonomy" would have devastating unintended consequences. It would expand abortion access, endanger children, and jeopardize parental rights and rights of conscience. Vote NO to #VoteForLife" (Tweet) – via Twitter.
- ^ @Feminists4Life (November 8, 2022). "• If in California, vote NO on Proposition 1. • If in Kentucky, vote YES on Amendment 2. • If in Michigan, vote NO on Proposal 3. • If in Montana, vote YES on Legislative Resolution 131. • If in Vermont, vote NO on Article 22 (aka Proposal 5). 4/" (Tweet) – via Twitter.
- ^ @TheVRLC (August 1, 2022). "Vermonters do not support late term abortion, it is important that we vote NO on Prop 5. We need common sense regulations on late term abortions, Prop 5 removes the ability for us to put those in place. #vtpoli #vermont #prolife" (Tweet) – via Twitter.