by Guy Page
Another takeaway of parental right-to-know is scheduled for a vote in the Vermont Senate this afternoon (see Senate Calendar, pg. 1126.)
S.220 updates public and school library requirements to allow children ages 12 and over to shield their book selections from their parents. Current law stops libraries from disclosing book selections to parents for children 16 and over.
Other sections of the bill spell out that, in the name of constitutionally-protected free speech, school and public libraries must adopt policies that “shall prohibit the removal of school library materials for the following reasons:
(1) partisan approval or disapproval;
(2) the author’s race, nationality, gender identity, sexual orientation, political views, or religious views;
(3) school board members’ or members of the public’s discomfort, personal morality, political views, or religious views.”
The bill is sponsored by Progressives and Democrats concerned about public schools in other parts of the U.S. removing pro-transgender library books. It is not known whether any Vermont library has removed such books from their shelves.
Another bill that would expand minor consent at the expense of parental right-to-know appears to be dead. S.151, a miscellaneous health care policy bill, did not pass Crossover last Friday and is not scheduled for review this week. Other senators vocally dismissed the bill but not because of the brief clause giving minors the right to consent to STD vaccination without parental knowledge or consent.
While S.151 proper may not proceed this year, it would not be surprising if the minor vaccination clause found its way into another bill. Supporters say that children are at grave risk of permanent harm caused by STDs but are understandably reticent to discuss the problem with their parents. Opponents – like Sharon Toborg of Vermont Right to Life, who testified last week, point to a child’s inability to make a sound decision and the potential for covering up sex abuse.
“Sexual activity involving kids under 15 years old is always de facto sexual assault under Vermont law because no child under 15 can legally consent. While legal intervention is not always warranted, steps should be taken to evaluate whether a situation calls for it,” Toborg testified to Senate Health and Welfare.
“We should all want to make sure kids are protected from exploitation as well as from their own immaturity. However, changes in laws and policies at both the federal and state levels, such as the change proposed in S.151, are making those protections for minors increasingly difficult. The tacit approval of early sexual activity by policy makers – activity that is literally criminal under Vermont law – makes it more important than ever that parents are informed so they can protect
their children when the state will not,” Toborg said.
These two bills are by no means the only legislative incursions expanding minor consent to health care decisions at the expense of parental rights. The Vermont Family Alliance provided the following list:
Current Statutes
- 18 V.S.A. § 4226 allows minors 12+ to consent to Sexually Transmitted Infection Treatments (Effective 1971)
- 18 V.S.A. § 8352 A mental health care provider shall not use conversion therapy with a client younger than 18 years of age. (2017)
- 18 V.S.A. § 8350 A minor may give consent to receive any legally authorized outpatient treatment from a mental health professional (2018)
- 18 V.S.A. § 9493 no age limit on access to abortion (2019)
- https://www.abortionfinder.org/abortion-guides-by-state/abortion-in-vermont/abortion-laws
- 16 V.S.A. § 132 Requires provision of contraceptives in all public secondary schools (2021)
- 1 V.S.A. § 150 “Legally protected health care activity” protects the right of any person of any age may access reproductive health care services and gender affirming health care services without interference from any private or public person or entity. (2023)
Bills in process in 2024
- S.151 Sec 4 allows minors 12+ to consent to Sexually Transmitted Infection Prevention (vaccines, drugs, and shots) without parent or legal guardian consent
- S.220 Section 6: lowers the age at which library officers and employees may legally disclose library use records from 16 to 12 years old
- S.18 flavored tobacco and e-liquids ban would direct minor consumption to cigarettes and marijuana
Introduced and referred to Committees but not taken up:
- H.816 Proposes to require annual mental health screening of school-age youth for anxiety, depression, and suicide risk (2024)
- H.659 proposed “to allow a minor who identifies as transgender to consent to receiving hormone blockers and other nonsurgical, gender-affirming care and treatment without requiring parental consent.” (2022)
- H.515 proposed to allow minors age 16+ to consent to vaccines. (2019)
H.684 proposed to allow minors age 12+ to consent to preventative services for STIs, which includes HPV and Hep B immunizations, medications pre- and post- exposure to HIV, and “any other services for the prevention of sexually transmitted diseases.” (2019)