Vermont family advocacy group warns Proposition 4’s wording could cause court challenges

Renee McGinnis, policy analyst for the Vermont Family Alliance, told the Senate Judiciary Committee on Jan. 29 that she does not oppose an equal-rights amendment in principle but has serious concerns about the specific language of Proposition 4 now before the Legislature.

"Vermont Family Alliance is a parental rights and penal protection status group," McGinnis said, and argued that Prop 4’s use of a closed or "finite" list of protected classes invites interpretive problems for courts and could unintentionally exclude other groups. She cited testimony from constitutional law professor Peter Teachout recommending broader language modeled on the Fourteenth Amendment.

McGinnis said the House Judiciary Committee approved Prop 4 despite warnings that the language would cause judicial confusion, and she criticized the decision to prioritize passage within the 2024 legislative timeline over refining the text. "While we are doing it, it's important to try to get it right," she said, urging lawmakers to consider broader, clearer wording that would avoid implying exclusion through a closed list.

She also told the committee that laws passed under Prop 4 that expand protections for gender identity and expression "will be challenged" under the federal Equal Protection Clause and cited recent U.S. Supreme Court decisions as likely guideposts for judicial review. McGinnis warned that state courts applying a newly added equal-protection clause could face conflicts with federal constitutional law.

Committee members asked procedural questions about whether language could be changed and how the public would be notified if the amendment goes to the ballot. McGinnis said the House could alter language before the vote and recommended improved outreach and clearer statutory publication by the secretary of state so voters understand what they would be asked to approve.

The committee heard no formal motion or vote on the amendment at this session. McGinnis urged more public education and time for lawmakers to work through constitutional and drafting issues before any final legislative action.

The committee scheduled additional witnesses and will continue the discussion at a future meeting date.