Vermont House adopts Proposal 4 to add equal-rights clause to state constitution

The Vermont House on the floor on Monday adopted in concurrence a proposed amendment to the State Constitution (Proposal 4) that would add an explicit equality-of-rights article guaranteeing equal protection and prohibiting denial of equal treatment based on race, ethnicity, religion, disability, sexual orientation, gender identity or expression, or national origin.

The measure, presented by the Member from Burlington for the House Judiciary Committee, passed a roll-call vote reported by the clerk as 140 yes. Under the constitutional amendment process cited on the floor, the proposal must be approved again in the next biennium without change in both chambers and then ratified by a majority of voters to become part of the constitution.

Supporters argued the amendment fills a gap in Vermont’s founding document and would provide a stable state-level baseline for equal-protection jurisprudence. The Member from Burlington said the committee received testimony from legal and civil-rights stakeholders and cited data showing persistent racial disparities in the criminal-justice system. “For far too many generations, we’ve separated Americans with disabilities from the freedoms they could glimpse, but not grasp,” she said while urging members to adopt the proposal.

Opponents and some questioners raised concerns about the amendment’s drafting and scope. Members asked whether certain characteristics — for example age — are covered, how the phrase “historically been subject to discrimination” is defined (the presenter said no specific date is set), and whether a closed list of protected categories might leave groups out. The presenter and other supporters said legislative counsel advised courts can interpret the amendment broadly and that states have used constitutional language to develop independent protections distinct from federal jurisprudence.

The committee reported a favorable vote (11–0) after a public hearing that included witnesses from the Vermont Racial Justice Alliance, the Vermont Human Rights Commission and other stakeholders. The presenter emphasized the amendment’s third sentence, which states that nothing in the article shall be interpreted to prevent measures intended to provide equality of treatment and opportunity for groups historically subject to discrimination.

Because the amendment originated in the Senate, the House could not change the proposed ballot language, the presenter explained on the floor, and the House’s adoption is limited to concurrence with the Senate’s text. If the measure clears the identical-approval requirement in the next biennium and then wins majority voter approval, Article 23 would become part of the Vermont Constitution on the first Tuesday after the first Monday in November 2026.

The House recessed for caucuses after completing its business for the day.