by Guy Page

A Vermont Senate committee Friday restored ‘religion’ to a proposed equal rights amendment, over the objections of the Vermont ACLU and a Progressive senator.

Discussion of the revised version, including religion, can be seen on the Senate Judiciary Committee YouTube page.

The Vermont Family Alliance lobbied hard for including religion, which had been included in previous versions but not in the version introduced this year.

But the VFA and Republican Sen. Robert Norris (Franklin County) on the Judiciary Committee still stated their overall opposition to the bill, which the VFA says could create a legal support for ‘equity’ based lawsuits. 

The Monday, April 8 VFA press statement appears below. 

Proposition 4 (PR 4), “Declaration of rights; equality of rights,” a proposed constitutional amendment with “religion” included as one of the protected classes, passed out of the Senate Judiciary Committee 5-0 on Friday, April 6, with Senator Robert Norris providing dissenting comments and reason for his support.

PR 4 states:

That the people are guaranteed equal protection under the law. The State shall not deny equal treatment and respect 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.

Falko Shilling, Advocacy Director for the ACLU, iterated its recommendation to remove “religion,” reasoning that “religion” is already protected under Article 3, Chapter 1 of the Vermont State Constitution, with Senator Tanya Vyhovsky in agreement.

Senator Nadar Hashim asked Schilling (@18:47) for clarification of the protection of religion under Article 3 versus Proposition 4, as Hashim’s understanding is that Article 3 protects individuals from compelled exercise of religion, and is not a protection of equal rights. Hashim gave an example that a Buddhist who has applied for a government benefit would be protected from being denied that benefit under PR 4, while Article 3 prevents the compelled exercise of a specific religion. Schilling responded, “adding this the extra layer of protection [for religion] in another section could create some unintended consequences in terms of how the free exercise of religion under our State Constitution that’s something that’s not quite in play now . . . so, I think it’s more trying to stave off unintended consequences that might come from the proposed language.”

Renee McGuinness, Policy Analyst for Vermont Family Alliance, recommended the Committee postpone the vote and consider Professor Teachout’s (Vermont Law School) recommended language (P. 6/7), which is akin to the 14th Amendment of the U.S. Constitution, noting that “every person” in Teachout’s language includes groups listed in the proposed language of PR 4.

McGuinness said committee discussion and witness testimony indicates legislators do not intend to protect each person equally under PR 4, but intend to roll out affirmative action and equity programs legislation under PR 4, as well as strengthen courts in favor of groups listed in PR 4 over others, and had previously pointed out in Committee on March 19 (@10:35) that such laws would be challenged as unconstitutional – “rightfully so” – burdening taxpayers with the State’s defense.

“Equal protection under the law and equity programs are two different ideas and intents. Our constitution is intended to provide equal rights, not equal things,” McGuinness finished.

Senator Norris (@24:43) said the state and the constitution at the federal level already protect individuals and described PR 4 as “an over-effort to deflect any decisions that may come down from our federal level, when it hasn’t come down from the federal level.”

Norris further stated (@30:00), “Because my specific request – “religion” – still remains in here . . . I’ll support it, but I really don’t think it’s needed.”

Twenty-three out of 30 Senators sponsored PR 4, so it is likely to meet the required two-thirds approval of the Senate, according to Section 72, Chapter 2 of the  Vermont State Constitution. The language of PR 4, once passed by the Senate, cannot be amended by the House.