Vermont Votes on Amendment to State Constitution That Would Guarantee Right to Abortion

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WASHINGTON, DC - DECEMBER 01: Demonstrators gather in front of the U.S. Supreme Court as the justices hear arguments in Dobbs v. Jackson Women's Health, a case about a Mississippi law that bans most abortions after 15 weeks, on December 01, 2021 in Washington, DC. With the addition of conservative justices to the court by former President Donald Trump, experts believe this could be the most important abortion case in decades and could undermine or overturn Roe v. Wade. (Photo by Chip Somodevilla/Getty Images)

The Vermont legislature is voting Tuesday on an amendment to the state’s constitution that would guarantee the right to abortion and contraception. If approved by lawmakers, the Reproductive Liberty Amendment – also known as Proposition 5 – would be subject to a state-wide vote in the November election.

The amendment is likely to pass. Seventy percent of Vermont residents say abortion should be legal in all or most cases, and even the state’s Republican governor, Phil Scott, has expressed support for the measure.

The Washington Post provides key context:

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.

Lucy Leriche, vice president of Vermont Public Policy at Planned Parenthood of Northern New England, told The Post that Vermont hopes “to be a model for other states to follow.”

“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,” she added.

The Associated Press reports that “opponents say the proposal is vaguely worded and could have unintended consequences.”

“We as human beings have made a lot of mistakes at times when we thought we were doing the right thing,” said Republican state Rep. Anne Donahue, adding “When we start putting a current belief in the constitution, I think we’re playing with fire.”