Eric Dispatick, Office of Legislative Council, told the Senate Judiciary Committee on Jan. 15 that Proposal 4 would add a freestanding equal-protection provision to the Vermont Constitution and reviewed its path through the legislature and to the ballot.

Dispatick said the amendment was approved in the first biennium: the committee voted it out on 04/10/2024 (5-0), the Senate passed it on 04/23/2024 (29-0, one absence) and the House passed it on 05/08/2024 (140-4). He said that because the amendment cleared the first biennial with the required majorities, it now must be approved again in this biennium before it can go to voters. "If both bodies again approve it in this biennium, it goes to the voters," Dispatick said, and he indicated the statewide ratification vote would occur in November 2026 if the Legislature approves it again.

The amendment’s operative language, Dispatick said, begins by stating that "the state shall not deny equal treatment under the law on account of" and then lists protected categories. He described the text as a state-level equal-protection clause similar to provisions adopted by a number of other states and said the language before the committee is unchanged from the version approved in 2024. "The government must not deny equal treatment under the law on account of the persons," Dispatick said while pointing to the list of protected classes in the draft.

Committee members asked whether the statement of purpose accompanies the language on the ballot. Dispatick said the statutory requirement is that the Secretary of State prepare copies of the proposal and a summary of proposed changes and publish them: "Secretary of State shall prepare copies of the proposal or proposals of amendment and forward them with a summary of proposed changes for publication in at least two newspapers having general circulation in the state" and on relevant government websites. He added that the summary is published in the newspapers and on the General Assembly and Secretary of State websites and that the statute specifies the publication schedule; it does not necessarily require the summary be mailed to all voters.

Dispatick emphasized that the constitutional provision applies to state action, not private actors: "this doesn't apply to private actors," he said, explaining that employment and housing protections for private parties are addressed by separate state statutes. He also told the committee that the constitutional text does not specify remedies; historically courts have provided injunctive relief for constitutional violations, but whether a plaintiff could recover damages under the new Article 23 would be a question for the courts to decide over time.

Members raised whether the enumerated list of protected classes is exhaustive. Dispatick cited precedent from another state, saying courts have interpreted similar lists as nonexclusive and that a claim could be made by a group not explicitly named in the text. He also compared the proposed amendment to past Vermont case law decided under the common benefits clause (for example, the Baker decision), explaining that naming protected classes in the constitution changes how standing and scrutiny questions may be resolved and could lead state courts to apply a higher level of judicial scrutiny for listed groups than federal courts currently apply in some contexts.

Unidentified committee members sought clarification about whether and when the state or federal courts would have jurisdiction over disputes arising under the amendment. Dispatick explained that federal courts adjudicate federal-constitutional questions and that the Vermont Supreme Court is the final interpreter of the state constitution; only where a federal constitutional question arises would federal courts have jurisdiction.

The committee did not take formal action during this session. Committee leadership and staff said they are lining up witnesses for subsequent hearings and will continue reviewing Proposal 4 at future meetings. "We'll be getting a fresh set of [materials] and we'll sign up those who want to testify," the chair said.

What happens next: the committee will hear witnesses in forthcoming sessions and may make no changes to the constitutional text in this committee stage; if the Legislature again approves the amendment in this biennium it would go before Vermont voters for ratification in the November 2026 election (publication and voter materials are prepared by the Secretary of State as required by statute).