Commentary

Green: Prop 4 grants rights for some, not all

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by Martin Green

Vermont legislators seem to have an uncanny knack for crafting constitutional amendments which are touted as noble and necessary to uninformed voters, but are, in fact, neither. 

Case in point: Prop 4. 

Despite the fact that Prop 4 has been presented to them for legislative review and vote since 2023, our elected representatives have refused to take a stand against its injustice, but by their capitulation, have kicked the can to us. 

We are now being asked on our ballots to vote on Prop 4, the so-called “Equality of Rights” Amendment. But this proposed constitutional amendment is not really about whether Vermonters believe in equality; we already do.

Prop 4 asks voters to permanently change the Vermont Constitution. 

Before making that change, every voter deserves to understand exactly what the amendment says, and consider the implications of the change.

Prop 4 as it will appear on the ballot:


Article 23. [Equality of rights] “That the people are guaranteed equal protection under the law. The State shall not deny equal treatment under the law on account of a person’s race, ethnicity, sex, religion, disability, sexual orientation, gender identity, gender expression, or national origin. Nothing in this Article shall be interpreted or applied to prevent the adoption or implementation of measures intended to provide equality of treatment and opportunity for members of groups that have historically been subject to discrimination.”

Is this amendment necessary?

No. 

Why?

Because Vermont’s Constitution already speaks to equal rights:

Article 1. “[All persons born free; their natural rights; slavery and indentured servitude prohibited] That all persons are born equally free and independent, and have certain natural, inherent, and unalienable rights, amongst which are the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety; therefore slavery and indentured servitude in any form are prohibited.”

And,

Article 4. “[Remedy at law secured to all] Every person within this state ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which one may receive in person, property or character; every person ought to obtain right and justice, freely, and without being obliged to purchase it; completely and without any denial; promptly and without delay; conformably to the laws.”

Should civil law be contingent upon characteristics such as sex, race, skin color, gender identity, or ethnicity?

Does the amendment affirm equal dignity for all people…or some more than others?

Does it protect all equally… or some more than others?

Aren’t constitutions meant to protect everyone’s rights equally?

Don’t the constitutions of Vermont and the United States already do this?

Here are three key points you should know before casting your vote on Prop 4 on the 2026 general election ballot: 

Voting “No” on Prop 4 would NOT end equal rights in Vermont. 

Voting “Yes” on Prop 4 WOULD enshrine UN-equal rights into the Vermont Constitution. 

Voting “Yes” on Prop 4 would exacerbate Vermont’s affordability issues through the bureaucratic bloat and judicial morass generated to administer and enforce it.

Please vote with a full understanding of the amendment rather than being enamored with its flowery title.

Read the amendment. Consider its long-term consequences. Then decide.

The legislative intent of Prop 4 is to provide the legal framework to sustain Vermont’s existing discriminatory practices and implement even more discriminatory practices—the very thing it purports to remedy—all at taxpayer expense.

Put in the simplest of terms, Prop 4 would pass laws that expand protections for a finite list of Vermonters, while violating the rights of other groups.

Please vote “No” on Prop 4, the so-called “Equality of Rights” Amendment.


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