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Vermonters will vote on equal protection amendment to state constitution this fall

Vermont voters will have the chance to weigh in on another amendment to the state鈥檚 constitution this fall.

The proposal, which got a final sign-off from the House on Wednesday, is aimed at ensuring all people are treated equally under the law regardless of their race, ethnicity, sex, religion, disability, sexual orientation, gender identity or expression, or nationality.

A statewide vote is the last step in the yearslong process that , or any other proposed change to Vermont鈥檚 founding document, must follow. The Senate, where the measure was , gave its final sign-off to the amendment in March.

Supporters say the proposal builds on to the U.S. Constitution, in part by explicitly identifying groups of people who have historically faced discrimination in Vermont and around the country.

If approved, the measure 鈥 a similar version of which exists in 鈥 could form the basis of future Vermont Supreme Court decisions, . It would become the 23rd article of Vermont鈥檚 founding document.

鈥淭he federal Constitution represents a floor, not a ceiling, of rights. It shows us the minimum we can do, not the maximum,鈥 said Rep. Barbara Rachelson, D/P-Burlington, presenting PR.4 on the House floor Wednesday. 鈥淭herefore, it鈥檚 important that Vermont develop its own jurisprudence regarding equal protection, and not simply rely on the one found in our federal Constitution.鈥

The proposal got near-unanimous support on the House and Senate floors, though it faced more opposition this year than when it got initial approval from both chambers in 2024. In Vermont, proposed constitutional amendments need to win support from back-to-back legislatures before going to voters.

In the House this week, . Two years ago, it passed the chamber with . All but one of the House members who voted against PR.4 this year are Republicans. There are more GOP members in the House today than there were two years ago.

The 鈥渘o鈥 votes Wednesday included the vice chair of the House Judiciary Committee, Rep. Tom Burditt, R-West Rutland, whose committee reviewed the proposal before advancing it to the floor. Also voting against were Rep. Mark Higley, R-Lowell, who is the House鈥檚 assistant minority leader, and Rep. Zak Harvey, R-Castleton, who is the vice chair of the state Republican Party.

Just one GOP member offered an explanation on the floor while voting no: Val Taylor of Mendon, who framed her opposition to the proposal in religious terms.

鈥淚 believe in my heart 鈥 and, I鈥檓 sorry 鈥 the only words that are going to change Vermont and change this world, I believe, come from the Bible, and I think that is what鈥檚 lacking in the world,鈥 said Taylor, who is the top Republican on the House Health Care Committee. 鈥淭rue love, peace 鈥 how I raise my girls 鈥 comes from the Bible.鈥

No senators voted against PR.4 in March, nor did any vote against it in 2024.

One senator, however, was not in the chamber for the vote this year. That was Sen. Steve Heffernan, R-Addison, who got up from his seat right before the roll call vote was taken.

Heffernan that he left because his stomach was feeling 鈥渁gitated鈥 and he needed to use the restroom. He said he had not made up his mind on how to vote on the amendment, largely because he鈥檇 heard from constituents urging him both to vote for and against it.

鈥淢y pizza hit at the right time, I guess,鈥 he said, calling the timing 鈥渃onvenient.鈥 Voters will be able to weigh in on PR.4 during this fall鈥檚 general election, which is Nov. 3. The proposal needs a majority vote to pass.

If approved, it would be the third change to the state constitution in the past four years. explicitly prohibiting slavery and indentured servitude under the state constitution and, broadly, preventing the state from interfering in reproductive health care decisions.

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This story was originally published by and distributed through a partnership with The Associated Press.

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