This commentary is by Anthony Pollina, an outgoing Washington County state senator and chair of the Vermont Progressive Party.
It is no secret that most Vermonters support abortion rights. But this year we can affirm our support for reproductive freedom by voting to support Prop 5/Article 22, a constitutional amendment that will enshrine reproductive rights in the Vermont Constitution. And provide protections from the right-wing drift of Washington, and American, politics.
Although we saw it coming, the Vermont amendment is not a reaction to the U.S. Supreme Court recently overturning Roe v. Wade. In fact, Vermont’s effort to protect this fundamental right predates the court’s decision, having been worked on over a four-year process in our Legislature.
We should be proud. This was clearly the correct thing to do, given the rightward shift in American politics and the expected attacks on this and other rights that Americans have fought so hard to win and protect.
Opponents of Prop 5/Article 22 say it goes too far, allowing for any and every abortion with no regulations and no exceptions. This might have been a strong argument, if it were true. But it’s not.
Our legislators, advocates and constitutional scholars carefully crafted the proposed amendment, which says, in part, that a person’s right to reproductive autonomy shall not be denied or infringed “unless justified by a compelling State interest achieved by the least restrictive means.”
For better or worse, this does open the door to future debates. But it’s a high bar, demanding that those seeking to undermine reproductive rights must prove a strong compelling State interest, not just a political agenda.
It’s a high bar because we know that abortion opponents, not satisfied with overturning Roe, will continue to challenge our action and will push for a national abortion ban.
It’s a high bar because removing the right to safe, accessible abortions will prove deadly, especially for low-income women, women of color, younger women and others already the most at risk. As in the days before Roe, some will suffer and die, even as women of greater means will still access abortions when wanted.
It’s a high bar because reversing Roe takes away an important, long-held constitutional right.
Reversing Roe is a right-wing victory and a warning. Other freedoms already under attack are now at even greater risk under this court and the growing right-wing threat to American freedoms. Human rights, gay rights, marriage equality, equal education and voting rights are among those that will see increased attacks before a court grown more sympathetic to conservative priorities.
Supporting Prop 5/Article 22 and protecting safe and legal abortion in Vermont does more than just send a message. It saves lives.
Finally, because this is a constitutional amendment and not legislation (although twice passed by the Legislature and approved by the governor), you get to vote directly yes or no on this very important question.
Voting yes affirms support for reproductive rights and confirms that Vermonters will continue to put human rights above political agendas.
Correction: The original version of this commentary erroneously referred to the proposed amendment at Article 5.
