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Vermont

Advocates celebrate Vermont's new equal protection amendment, say enforcement work comes next

About 79% of voters approved Proposal 4, according to unofficial results. It adds an equal-protection guarantee to the state constitution, nearly 40 years after a narrower sex-equality amendment failed.

MONTPELIER, Vt. — Supporters of Vermont's newly approved equal protection amendment gathered in Montpelier on Friday to celebrate its passage. Several said the next step is turning the constitutional language into enforceable law.

Voters approved Proposal 4 on Tuesday with about 79% of the vote, according to unofficial results reported by WAMC. The amendment adds Article 23 to Chapter I of the Vermont Constitution. It guarantees equal protection under the law and bars the state from denying equal treatment on account of a person's race, ethnicity, sex, religion, disability, sexual orientation, gender identity, gender expression or national origin.

Voters also approved Proposal 3, which puts a right to collective bargaining in the state constitution, with about 74%. Both amendments take effect immediately, WCAX reported.

Second try after 1986

The Vermont Commission on Women and the Vermont Human Rights Commission hosted the event. Cary Brown, the women's commission's executive director, noted that Vermont voters rejected a state equal rights amendment in 1986. That measure dealt only with equality based on sex. It failed 52% to 48%, according to Vermont Business Magazine.

Brown said some of the arguments from 1986 came up again this year, but "fortunately the majority of people did not feel that way."

Former Gov. Madeleine Kunin, Vermont's first and only woman governor, said this amendment "passed quietly, without controversy." She said that although many laws already protect women, the amendment gives Vermonters "an anchor" to refer to "when controversy arises."

State Sen. Ginny Lyons said she began organizing support for an inclusive amendment in 2016. She said she was disturbed by comments Donald Trump made about women, racial and ethnic minorities and people of different gender identities during his first presidential campaign. Lyons said the amendment then had to pass two separate legislative sessions before it could go on the ballot.

Supporters look ahead

A Human Rights Commission representative said the amendment's main power is its ban on unequal treatment by the state, meaning state laws and programs cannot discriminate. The representative said it also lets the state take measures to provide equal opportunity for groups that have faced discrimination in the past. The commission is handling more complaints than ever, particularly from people with disabilities, Black people, immigrants and transgender people, the representative said.

Asked how the amendment would protect Vermonters in the future, a speaker said its strength would become clear as advocates challenge disparities in state action in court.

The Rev. Mark Hughes, executive director of the Vermont Racial Justice Alliance, said "constitutional promises must be translated into enforceable law." He said the alliance is developing a broad civil rights bill covering housing, employment, education, voting, policing and public accommodations. The bill would also take on discrimination from artificial intelligence and create a Vermont Voting Rights Act. He said the group also plans to seek civilian oversight of police, and to try again in 2027 to remove a constitutional provision on punishment by hard labor.

Speakers from disability rights, faith, civil rights and voting groups also thanked voters, and several described discrimination they said still happens in Vermont.

Critics' concerns

Critics said during the campaign that the amendment was unnecessary because equal protection is already covered by state and federal law and the U.S. Constitution. Some also warned it could lead groups to seek reparations from the state, WCAX reported.

The Legislature sent Proposal 4 to the ballot in May. The House approved it 128-14, according to Ballotpedia.

Vermont