Vermont Business Magazine The Vermont Senate today gave final legislative approval to Proposition 4, the Equal Rights Amendment, sending the constitutional amendment to the House for a simple majority concurrence and then to Vermont voters for consideration on the November ballot. The Senate approved the measure by a vote of 29-0. Senator Steve Heffernan was present in the building today but left the Senate floor shortly before the vote.
If ratified by voters, Proposition 4 would add a new article to Chapter I of the Vermont Constitution guaranteeing equal protection under the law and specifying that the state shall not deny equal treatment on account of a person’s race, ethnicity, sex, religion, disability, sexual orientation, gender identity, gender expression, or national origin.
The amendment builds on the founding principles already reflected in the Vermont Constitution. Chapter I, Article 1 declares that “all persons are born equally free and independent, and have certain natural, inherent, and unalienable rights,” and Article 7 affirms that government exists “for the common benefit, protection, and security of the people.” Proposition 4 reinforces these values by ensuring that government does not create or perpetuate the legal, social, or economic inferiority of any class of people.
“For decades, advocates, legislators, and Vermonters across our state worked to bring the Equal Rights Amendment to this moment,” said Sen. Ginny Lyons, the Senate’s longtime author and champion of the amendment. “Proposition 4 reflects a simple but powerful belief: that our rights and our freedom to live with dignity should be protected equally under the law. Now, the people of Vermont will have the opportunity to make that promise part of our constitution.”
“Today the Legislature finished an important piece of work, but the final decision belongs to the people of Vermont,” said Sen. Nader Hashim, Chair of the Senate Judiciary Committee. “Proposition 4 ensures that the principles of equality and personal autonomy are clearly protected in our state constitution. Vermonters have long believed that everyone deserves equal protection under the law, and this amendment gives voters the opportunity to affirm that commitment for generations to come.”
Providing for equality of rights as a fundamental constitutional principle would help protect the dignity and rights of historically marginalized communities and serve as a durable foundation for addressing discrimination and inequality.
Vermont voters previously considered a state-level Equal Rights Amendment in 1986, when Proposal 1 was defeated by a narrow 52–48 percent margin. At the time, the amendment focused on prohibiting discrimination on the basis of sex and was supported by prominent leaders, including Governor Madeleine Kunin, the first woman elected governor of Vermont. Despite Vermont having ratified the federal Equal Rights Amendment in 1973, concerns raised by opponents about potential changes to traditional social roles and legal implications contributed to the proposal’s defeat.
“I gave my first speech on the floor of the House in 1973 in support of the Equal Rights Amendment,” said Gov. Madeleine Kunin. “I am grateful that the Legislature has once again affirmed its strong commitment to equality under the law. At a time when women’s rights are under renewed attack across the country, it is more important than ever to stand firmly for gender equality. While we have made real progress, there is still much work to do. This amendment honors that original fight for equality between women and men while also recognizing that discrimination takes many forms. By extending constitutional protections to people of all races, religions, sexual orientations, gender identities, disabilities, and national origins, Vermont is affirming a simple principle: that every person deserves dignity, fairness, and equal protection under the law.”
In the decades since, the conversation about constitutional equality in Vermont has continued, leading to the broader protections included in Proposition 4, which would guarantee equal protection under the law across multiple characteristics and give voters the opportunity to affirm those principles in the Vermont Constitution.
The approval comes the same week as International Women's Day, celebrated globally on March 8. Under Vermont’s constitutional amendment process, proposals must pass the Legislature in two successive bienniums before being sent to voters for final approval. With today’s vote, Proposition 4 has cleared that final legislative hurdle. If approved by voters in November, the amendment will become part of the Vermont Constitution immediately following ratification.
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