Proposal 5 - Declaration of rights; right to personal reproductive liberty

Summary

(a) This proposal would amend the Constitution of the State of Vermont to ensure that every Vermonter is afforded personal reproductive liberty. The Constitution is our founding legal document stating the overarching values of our society. This amendment is in keeping with the values espoused by the current Vermont Constitution. Chapter I, Article 1 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 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. This amendment would reassert the principles of equality and personal liberty reflected in Articles 1 and 7 and ensure that government does not create or perpetuate the legal, social, or economic inferiority of any class of people. This proposed constitutional amendment is not intended to limit the scope of rights and protections afforded by Article 7 or any other provision in the Vermont Constitution. (b) The right to reproductive liberty is central to the exercise of personal autonomy and involves decisions people should be able to make free from compulsion of the State. Enshrining this right in the Constitution is critical to ensuring equal protection and treatment under the law and upholding the right of all people to health, dignity, independence, and freedom.

A "yes" vote supports adding language to the Vermont Constitution protecting the right to personal reproductive autonomy and prohibiting government infringement on this right unless justified by a compelling State interest achieved by the least restrictive means.

A "no" vote opposes adding language to the Vermont Constitution protecting the right to personal reproductive autonomy and prohibiting government infringement unless justified by a compelling state interest achieved by the least restrictive means.

Arguments

"The right to decide if or when to become a parent is critical to an individual's self-determination. We are witnessing a nationwide threat to reproductive liberty, making state-level protections vital to safeguarding people's access to reproductive health care. Vermont can set an example of what is possible by codifying reproductive autonomy as a constitutional and fundamental right for all. The Reproductive Liberty Amendment, also known as Proposition 5, is both a simple and profound affirmation of our values – values that Vermonters have cherished for generations. If passed, Prop 5 will add Article 22 to our state constitution, expcicitly enshrining our reproductive rights and preventing future state legislatures from restricting our reproductive autonomy. We're counting on you to help us make this happen." - ACLU of Vermont, in support of Proposal 5 (Learn more)

"The vague language in Proposal 5 of the "right to personal reproductive autonomy" will likely be interpreted to mean taxpayers will be responsible for funding more than abortions, but it will also include fertility treatments, gender transformation surgery, sterilizations (even of minors), and any number of services and procedures that could conceivably fall under this "reproductive" umbrella. This vague concept goes far beyond what most people consider responsible action, without informing Vermonters of the costs for taxpayers or to potential impacts for minors." - Annisa Lamberton, Spokeswoman for Vermonters for the Common Good, in opposition to Proposal 5 (Learn more)

Measure Details