By VDC staff

Vermont House candidate Seth Adam Manley of Essex Junction plans to hold a press conference Thursday afternoon to discuss his federal lawsuit challenging Proposal 4 and an emergency motion seeking to prevent ballots containing the proposed constitutional amendment from being distributed.

Manley, the plaintiff in Manley v. Scott et al., said the press conference will begin at 4:45 PM Sept. 3 outside the federal building at the corner of Pearl and Elm streets in Burlington.

The lawsuit challenges the constitutionality of Proposal 4, which would add an equal-rights provision as Article 23 of Chapter I of the Vermont Constitution. The proposal cleared the Vermont Senate 29-0 in March and the House 128-14 in May before being delivered to the Secretary of State for submission to voters.

If approved by voters in November, Article 23 would read:
“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.”

Manley’s objection focuses in particular on the amendment’s final sentence, which he contends could permit state government to divide Vermonters into different classes and treat those groups differently under the law.

“Government can not be trusted to create ‘Groups’ of citizens that can be treated differently, no matter how well-intentioned,” Manley said in announcing the press conference.

Manley also draws a comparison between the amendment and Vermont’s history with the eugenics movement, arguing that government classification of groups can lead to discrimination. That comparison represents Manley’s argument against Proposal 4 and has not been established as a finding by a court.

The Legislature, meanwhile, described Proposal 4 differently when advancing the amendment. Its stated purpose says the provision would expand principles of equality and liberty by preventing government from creating or perpetuating the “legal, social, or economic inferiority of any class of people.” Lawmakers also said constitutional protection would help protect historically marginalized populations and address existing inequalities.

Under Vermont law, the Secretary of State is responsible for preparing ballots for votes on proposed constitutional amendments and transmitting ballots to municipal clerks. Manley said his emergency federal court motion seeks to stop that process as it relates to Proposal 4.

Manley said he will make a brief statement about the federal case and emergency motion Thursday before taking questions from reporters.