After taking formal testimony during its meeting earlier in the day, the Vermont House Judiciary Committee held a public hearing Wednesday on a proposed state constitutional amendment that would expand equal rights protections.
Proposal 4 would amend the Vermont Constitution to prohibit the state from denying “equal treatment under the law on account of a person’s race, ethnicity, sex, religion, disability, sexual orientation, gender identity, gender expression, or national origin. Nothing in this Article shall be interpreted or applied to prevent the adoption or implementation of measures intended to provide equality of treatment and opportunity for members of groups that have historically been subject to discrimination.”
It has passed in the Vermont Senate.
The House Judiciary Committee has been taking testimony on the proposed change. During a public hearing, Chair Martin LaLonde, a South Burlington Democrat, explained the status of the proposition.
“The Constitutional Amendment that we are considering and the decision point that this committee has, and the House has, is really an up or down vote on what we have received from the Senate,” LaLonde said. “We are not allowed to amend that language. It is possible that one could go back to the Senate and ask for them to amend the language. But given the time of year there is not time. So this is really going to be an up or down vote on the language we have.”
Vermont Human Rights Commission Director of Policy, Education and Outreach Amanda Garces founded the Vermont Coalition for Ethnic and Social Equity in Schools. She told the committee the heart of Proposition 4 is the concept that everyone deserves equal treatment and respect under the law.
“Including gender identity in this proposed amendment is crucial to ensuring the dignity and the quality for all,” said Garces. “This amendment is not about granting special privileges. It is about an assurance that every Vermonter is afforded the same rights and protections.”
Alliance Defending Freedom is an Arizona-based Christian law firm that describes itself as “committed to protecting religious freedom, free speech, marriage and family, parental rights, and the sanctity of life.” Senior Counsel Gregory Baylor commented virtually, noting they have a number of concerns about the inclusion of gender identity and gender expression in the proposal.
“Laws forbidding distinctions based on gender identity and expression have been interpreted in ways that inflict substantial harms especially on women and girls,” Baylor said. “And if enacted Prop 4 would undermine equal opportunities and contradict both biological reality and common sense. Gender identity laws also undermine free speech and religious liberty.”
Earlier in the day the full committee took testimony on the proposed amendment. Vermont Law School Professor Peter Teachout teaches state and federal constitutional law. While he supports adding the equal protection amendment because there is not one currently in the state constitution, he is concerned that the proposal as written may be limiting.
“The second sentence is a closed list of categories of protected classes,” noted Teachout. “I share completely the view that members of those classes deserve protection under the state constitution. I do have some questions about whether it ought to be a closed list or whether maybe it would be better if it were a representative list. These are the kinds of people that we think are deserving of equal protection.”
During the evening public hearing, Vermont Racial Justice Alliance Executive Director Mark Hughes says that in itself is an expression of white privilege and was frustrated that the proposal is still in committee.
“This is systemic racism what we’re dealing with right here,” asserted Hughes. “I mean come on. We’re talking about now sending it back over to the Senate. And you’ve got a Black man right here telling you about civil liberties that are currently at risk and telling you that we need to do this because the next time this is going to come up the implementation would be 2030. And what’s hanging over our heads right now is imminent. In fact it’s in play. So pass the damn constitutional amendment and let’s get on with it.”
If the House approves Proposition 4, it must then be passed by the next legislature before going before Vermont voters.
