By Renee McGuinness, Policy Analyst for Vermont Family Alliance

Are you aware of the proposed constitutional amendment that appears to provide equal rights to a finite list of groups, upon which you will likely be voting in November?

Vermont legislators are in the process of reviewing Proposal 4 “Equality of Rights” constitutional amendment, which will likely be put before the voters in November 2026, according to the Section 72, Chapter II amendment process of the Vermont Constitution, found here. Prop 4 states equal treatment under the law cannot be denied on account of a person’s, “race, ethnicity, sex, religion, disability, sexual orientation, gender identity, gender expression, or national origin.” (emphasis added)

While the language of the proposal appears innocuous by offering equal protections, the intent is to pass laws under Prop 4 that will expand rights for the finite list of “historically marginalized groups,” at the expense of other groups. Proposal 4:

• Will likely create a constitutional right to transgender affirming “care,” including for minors.
•  Will trample on parental rights, with no parental consent or notification requirements (language of “person’s” likely includes minors as age is not referenced).
• Allow biological men identifying as women the “right” to access to female-only private spaces and female-only public accommodations, including bathrooms, locker rooms, women’s shelters, and more.  
• Could give LGBTQ-identifying individuals IVF and surrogacy “rights,” which would commercialize women’s reproduction capabilities and provide health insurance coverage for both the rental of women’s wombs, male sperm, and the buying and selling of the unborn.  
• Will further enshrine same-sex marriage in the Vermont Constitution.
• Could give state constitutional rights to individuals who are not citizens of the United States.  

For the full text of Proposal 4, see here.
 
Prop 4 went through its first legislative review and vote in 2024. During this legislative session:

• Constitutional Law Professor Peter Teachout recommended broader language to avoid interpretive confusion in the courts to both Senate and House Judiciary Committees, which was rejected.  
• Teachout warned against introducing laws under Prop 4 that would implement affirmative action programs for the finite list of groups, which would violate the 14^th Amendment under the Supremacy Clause of the U.S. Constitution.  
• There was a lack of dissemination to the public regarding Prop 4.  
• There were more legislators than the public in attendance at the first Public Hearing for Prop 4 on May 1, 2024, found here.

Regardless of Teachout’s warnings in 2024, Prop 4 passed unanimously in the Senate and nearly unanimously in the House. During the constitutionally-required second round of review in 2026, the majority of legislators appear posed to vote affirmatively to put Prop 4 before the voters this November.
Find out how your Representative voted in 2024, here.

Vermont Family Alliance Policy Analyst Renee McGuinness’ testimony to Senate Judiciary on January 29, 2026, reiterating Teachout’s warnings, poor public hearing turn-out, and lack of disseminating information to the voters can be found here.

Constitutional amendments passed by the legislature cannot be vetoed by the Governor. If passed by the voters, Prop 4 would become Article 23 under Chapter 1 of the Vermont Constitution. Prop 4 has, to date, been poorly vetted by our legislators. The only constitutional requirement for disseminating information to the public is a public proclamation issued by the Governor if the legislature votes to put Prop 4 before the voters this November.

Ask your legislators about Prop 4 “Equality of Rights” constitutional amendment by phone or email, or at your Town Meeting. Ask them why you have not received information from them about this important proposed constitutional amendment, and ask them to vote “no” on Prop 4 if the intent is to pass laws that elevate one group’s rights over another. Find your legislators here.

“It is important to remember we are considering the adoption of a constitutional amendment, a fundamental statement of governance that is supposed to guide us over the long term, so while we are doing it, it is important to try to get it right.” – Peter Teachout, Professor of Law, Vermont Law School, to the House Committee on Judiciary on May 1, 2024.