This commentary is by state Sen. Ginny Lyons, a Democrat from Williston who represents the Chittenden Southeast District and chairs the Senate Committee on Health and Welfare. She is a college professor with over 30 years of teaching, research and administrative experience in the biological sciences.
During the past 50 years, we have seen improvements in medicine. The result is a new understanding of medical standards related to family planning, contraception and gender-affirming care.
Transition to modern reproductive care resulted from the 1973 U.S. Supreme Court decision of Roe v. Wade. Under Roe, men and women gained access to needed reproductive health care, including family planning, contraception, sterilization, pregnancy, or termination of pregnancy. Practitioners learned best practices that continue to improve the human condition.
Last summer, the Dobbs decision overturned Roe and upended the national understanding of reproductive autonomy. The Supreme Court sent reproductive health decision-making to the states, which are undoing years of compassionate medical care for women and families.
Many states anticipated the Supreme Court’s action. Laws were immediately in place to limit abortion to as early as six weeks or to completely ban abortion services. Other states passed laws that restrict access to reproductive health care, including care for those with gender dysphoria and gender incongruence — denying gender-affirming health care.
The result has been an absolutely turbulent, and sometimes terrifying, upheaval of the social fabric across our country. We read news daily about court cases chastising physicians for providing abortion care to young rape victims; or about the unfathomable Texas bounty system allowing ordinary citizens to seek civil action against those providing abortion services; or new laws targeting families who seek care for their transgender children.
The Supreme Court’s conservative decisions have also triggered states to pass restrictions on gender-affirming care and access to emergency and other contraceptives.
Vermont is fortunate to have state constitutional protections for reproductive autonomy under the recently passed Article 22, but our attention is drawn to activities in other states and potential harm posed for Vermont health care providers and patients.
That is why the Vermont Senate passed S.37, a bill that will legally shield medical practitioners, insurers and patients providing or receiving reproductive or gender-affirming care in Vermont. They will be protected from restrictions and professional disciplinary action by other states.
The shield bill will also protect those seeking reproductive and gender care in Vermont from misleading or deceptive advertising. Limited-service pregnancy centers will be required to provide patients with transparent, fair and unbiased information about care options. The legislation provides protection and insurance coverage for gender-affirming care, and promotes access to emergency contraception and other contraceptives by pharmacies and at Vermont’s public universities.
Overall, S.37 is about guaranteeing protection for patients seeking legally protected health care and professional medical practice across Vermont — which is why, thanks to the diligent work of the Health & Welfare Committee, the full Senate approved the shield bill last week.
Once S.37 is passed by the House and made into law, it will bolster Vermont’s constitutional protection, and truly provide a legal shield for reproductive health care access for all Vermonters.
