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Committee clears proposed equal‑protection constitutional amendment for voter consideration
Summary
The committee voted to report Proposed Amendment (Proposal 4), an equal‑protection amendment naming specific protected characteristics, to the five‑day notice calendar; legislative counsel said courts may treat enumerated lists as non‑exclusive. Members debated definitional clarity for terms such as gender identity and gender expression.
The House Judiciary Committee voted May 5 to report a proposed constitutional amendment (Proposal 4) that would add an equal‑protection provision naming specific protected characteristics and send the measure forward toward the November ballot.
Chair read the amendment text, which guarantees equal protection and lists race, ethnicity, religion, disability, sexual orientation, gender identity, gender expression and national origin among protected categories while adding a purpose clause about remedies for historically discriminated groups.
Patrick of the Office of Legislative Council told the committee that a Connecticut case with a similar state constitutional provision had been interpreted by courts as treating an enumerated list as not necessarily exclusive, meaning courts may allow claims by groups not spelled out in the text. "The fact that [a group] isn't in the list... did not mean that they might be unable to make a claim under that provision," Patrick said, while noting that changing the constitution later would itself require another amendment.
Several members expressed concern about codifying evolving terms such as "gender identity" and "gender expression" in the constitution and how courts would define those terms over time. One member said they were uncomfortable endorsing language that could be unclear and signaled they would vote no on that basis. Other members said the measure returns representation to voters and that there will be opportunities for community discussion between committee passage and the November vote.
The committee moved the amendment out of committee and the chair said Barbara agreed to report it; the item will be placed on the legislative five‑day notice calendar. If the legislature ultimately approves the amendment, the text will go to Vermont voters in November; the secretary of state must also provide background materials for voters.
Next steps: The amendment will appear in committee and public forums between now and November; the committee’s favorable report advances the proposed amendment to the next stages of the legislative and public process.
