Two proposals to change the Vermont Constitution must be voted on during the next two years by both the state House and Senate, but as lawmakers prepare for a session dominated by the Covid-19 pandemic and the economic downturn, the amendments may wait for a year.
During the 2019-20 biennium, the Vermont Senate and House of Representatives approved two amendments to the state constitution, one that protects the right to reproductive health and another clarifying that slavery and indentured servitude are prohibited in any form.
Statute stipulates that the Legislature must consider state constitutional amendments in back-to-back bienniums so that two elected legislative bodies can weigh in on the changes. Since both proposals were approved in 2019-20, another vote must occur in the 2021-22 biennium.
If both the Senate and the House approve the measures again, the amendments will go on the 2022 election ballot for Vermont voters to decide.
However, with the focus on coronavirus relief, a vote might not occur until 2022.
Sen. Becca Balint, D-Windham, the incoming Senate president pro tem, said she has been in contact with John Bloomer, secretary of the upper chamber, about procedures for the two proposals.
While Balint said they will appear on the Senate calendar for action immediately in January, it seems there is no firm timeline requirement for lawmakers to act on the amendments as long as it occurs within the biennium.
“I certainly anticipate taking them up as soon as it makes sense,” Balint said. “We have been really clear — with discussions among chairs and individual senators and small groups — that people are completely focused on Covid response.”
Balint said she prefers to take the maximum time allowed to vote on the constitutional changes, so that this year lawmakers can focus on nothing but time-sensitive legislation to help the state come out of the Covid-19 crisis.
“If we have some runway to not take those up right away, that will be my preference and preference of Senate leadership,” she said. “We do not want to be distracted from the immediate response.”
Under the constitutional procedures, the Senate has to vote first, then the House.
Incoming House Speaker Jill Krowinski, D-Burlington, said when the two amendments reach the House lawmakers will give the measures full consideration.
“Just like any other bill or constitutional amendment, we will be doing legislative briefings to bring members up to speed and ensuring that they have time to ask questions and to spend the time to really understand what the amendment is and what it does,” Krowinski said.
A constitutional right to abortion
In April 2019, the Senate gave overwhelming approval to the constitutional amendment protecting abortion rights in Vermont. The vote was 28-2 to move Proposal 5 to the House.
In full, the amendment reads: “That an individual’s right to personal reproductive autonomy is central to the liberty and dignity to determine one’s own life course and shall not be denied or infringed unless justified by a compelling state interest achieved by the least restrictive means.”
The measure was introduced over concerns about political and judicial changes at the federal level, including the makeup of the U.S. Supreme Court. Lawmakers worry that new conservative members of the nation’s highest court could reverse the landmark Roe v. Wade ruling that legalized abortion in 1973.
A month later, the House voted 106-38 in favor of the constitutional amendment on reproductive health.
Clarifying state’s position on slavery
In January of this year, the Senate approved the second constitutional change, 28-1. It clarifies that slavery and indentured servitude are prohibited “in any form.” The House then passed it, 145-0.
The amendment clarifies current language so that Article One, Section One of the Vermont Constitution would read as follows: “That all persons are born equally free and independent, and have certain natural, inherent, and unalienable rights, amongst which are the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety; therefore slavery and indentured servitude in any form are prohibited.”
