Vermont Proposal 5, Right to Personal Reproductive Autonomy Amendment (2022)

Vermont Proposal 5
Election date November 8, 2022
Topic Abortion and Constitutional rights
Status a Approved
Type Constitutional amendment	Origin State legislature

Vermont Proposal 5, the Right to Personal Reproductive Autonomy Amendment, was on the ballot in Vermont as a legislatively referred constitutional amendment on November 8, 2022. The ballot measure was approved.

A "yes" vote supported amending the Vermont Constitution to add language protecting the right to personal reproductive autonomy and prohibiting government infringement unless justified by a compelling state interest.

A "no" vote opposed amending the Vermont Constitution to add language protecting the right to personal reproductive autonomy and prohibiting government infringement unless justified by a compelling state interest.

Additional information on abortion-related ballot measures

• You can find a list of 2022's certified and proposed measures here: 2022 abortion-related ballot measures.

• Information on abortion-related ballot measures since 1970 is available here: History of abortion ballot measures.

Election results

Vermont Proposal 5
Result		Votes	Percentage
Yes		212,323	76.77%
No		64,239	23.23%

Results are officially certified.

Source

Overview

What did Proposal 5 add to the state constitution?

See also: Text of measure

Proposal 5 added language to the Vermont Constitution stating that "an individual’s right to personal reproductive autonomy is central to the liberty and dignity to determine one’s own life course." The ballot measure was designed to prohibit the constitutional right from being denied or infringed unless there is a compelling state interest, which would need to be achieved using the least restrictive means.

At the time of the election, the right to abortion was protected by state law. In 2019, the Vermont State Legislature passed a law that stated, "The State of Vermont recognizes the fundamental right of every individual who becomes pregnant to choose to carry a pregnancy to term, to give birth to a child, or to have an abortion."

How did the campaigns react to Dobbs v. Jackson Women's Health Organization?

On June 24, 2022, the U.S. Supreme Court issued a ruling in the case Dobbs v. Jackson Women’s Health Organization, which held that "The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives." Ballotpedia tracked abortion-related ballot measure campaigns' responses to the ruling.

Vermont for Reproductive Liberty responded to the ruling by saying, “Last week, the Supreme Court overturned almost 50 years of federal protections for abortion. Abortion is still legal in Vermont and we’re working tirelessly to pass the Reproductive Liberty Amendment. If this amendment is passed by VT voters in November, reproductive decisions between a person and their health care provider would be considered a constitutional right in our state, free of government interference.”

Vermont Right to Life, the opposition committee, said, "Extremist proponents of abortion rights in Vermont will use the Supreme Court decision to attempt to rally support for passage of Proposal 5/Article 22. Proponents must not be allowed to mislead Vermonters into believing that ‘Article 22 is needed,’ or that the amendment simply ‘codifies Roe v. Wade,’ when in fact the amendment far exceeds the holding in Roe."

Who supported and opposed Proposal 5?

See also: Support and Opposition

Vermont for Reproductive Liberty led the campaign in support of the amendment. Supporters included the University of Vermont Medical Center, ACLU of Vermont, and League of Women Voters of Vermont. State Rep. Ann Pugh (D-Chittenden) said, "For more than 40 years, Vermonters have relied on the protections offered by Supreme Court case law to support how we value personal autonomy in reproductive health decisions and we have intentionally chosen not to limit or restrict them. We have long recognized that decisions related to reproductive health care and abortion are deeply personal and private, and are best left to a woman and her doctor."

Vermont Right to Life led the campaign in opposition to the amendment. Vermonters for Good Government, another organization opposing the amendment, said, if the amendment passed, "future generations of voters will be unable to ever start an amendment removal process, it will be out of their control, as amendments must originate in the legislature. As we look around the country, we see changing laws, opinions, and attitudes about this critically important topic. The ability to respond quickly to public sentiment is paramount to a properly functioning state government. This will remove that mechanism, and we feel it is a very dangerous precedent. The amendment language is very simple and short, but that makes it all the more open to judicial interpretation, and unintended consequences. It is intentionally vague and opens Pandora’s box, paving the way for many dangerous ramifications."

Have other states decided on similar amendments?

See also: The status of abortion rights across the states

In 2022, there were six ballot measures on statewide ballots addressing abortion — the most on record for a single year. Ballot measures were certified in California, Kansas, Kentucky, Montana, and Vermont. In August 2022, Kansas defeated a constitutional amendment to state that nothing in the state constitution provides for a right to abortion. In California, voters decided on a similar constitutional amendment as Vermont voters that proposed securing "an individual’s reproductive freedom," including a right to abortion and the use of contraception. In Kentucky, the ballot measure was designed to declare there is no state constitutional right to abortions, similar to Kansas. In Montana, a legislative referral was designed to state that “an infant born alive is a legal person” and that present healthcare providers shall provide “all medically appropriate and reasonable actions to preserve the [infant’s] life and health."

Text of measure

Ballot title

The ballot title was as follows:

“

To see if the voters will amend the Vermont Constitution by adding Article 22 to read: Article 22. Personal reproductive liberty. That an individual’s right to personal reproductive autonomy is central to the liberty and dignity to determine one’s own life course and shall not be denied or infringed unless justified by a compelling State interest achieved by the least restrictive means.

”

Constitutional changes

See also: Chapter I, Vermont Constitution

The ballot measure added Article 22 to Chapter I of the Vermont Constitution. The following text was added:

Article 22. Personal reproductive liberty.

That an individual’s right to personal reproductive autonomy is central to the liberty and dignity to determine one’s own life course and shall not be denied or infringed unless justified by a compelling State interest achieved by the least restrictive means.

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 14, and the FRE is 33. The word count for the ballot title is 60.

Support

Vermont for Reproductive Liberty led the campaign in support of the amendment.

Supporters

Vermont for Reproductive Liberty provided a list of endorsements on the campaign’s website, which is available here.

Officials

• U.S. Rep. Peter Welch (D)
• Gov. Phil Scott (R)
• Vermont Secretary of State Jim Condos (D)
• Lt. Gov. Molly Gray (D)

Corporations

• University of Vermont Medical Center

Organizations

• ACLU of Vermont
• Freedom From Religion Foundation
• Human Rights Campaign PAC
• League of Women Voters of Vermont
• Planned Parenthood Vermont Action Fund
• Vermont Business Magazine Population Media Center

Arguments

• State Rep. Mitzi Johnson (D): "If, someday, reproductive freedoms for Vermonters are challenged or restricted, as we are seeing in many other states, our courts will have clear guidance on the fundamental importance of reproductive liberty for our state."
• Dr. Harry Chen, former Vermont Health Commissioner: "“Reproductive care, including abortion, is essential health care. I firmly believe that patients should have the freedom to make reproductive health care decisions like they do any other medical decision: with their health and well-being at the center.”
• Jessica Arons, senior advocacy and policy counsel for reproductive freedom for the ACLU National: "The right to abortion in this country is on the line as it’s never been since Roe was first decided. This is the time to show up for the right to reproductive freedom and send the message that we will do whatever we can to ensure that people can get the care they need no matter what."
• State Rep. Ann Pugh (D): "The lack of a definitive enumeration of reproductive liberty in Vermont’s Constitution, the threats to Roe v. Wade being weakened or overturned by a very conservative US Supreme Court, and the cloud of multi-state efforts to erode reproductive autonomy all build a strong case for Proposition 5. For more than 40 years, Vermonters have relied on the protections offered by Supreme Court case law to support how we value personal autonomy in reproductive health decisions and we have intentionally chosen not to limit or restrict them. We have long recognized that decisions related to reproductive health care and abortion are deeply personal and private, and are best left to a woman and her doctor."
• U.S. Rep. Peter Welch (D): "I am grateful to the Vermont legislature for working to make reproductive freedom a state constitutional right. I support their efforts and the upcoming Prop 5 ballot initiative to make this a reality in Vermont. If you share my belief that we cannot go backwards, now is the time to stand up and speak out to protect a woman’s right to choose."
• Gov. Phil Scott (R): "A few years ago we passed a law affirming that reproductive health decisions are between a patient and their doctor without government interference. In November Vermonters will have the ability to codify that right in our state Constitution when Prop 5 is on the ballot. So at the end of the day the fundamental rights and liberties of all women will be defended, protected and preserved here in Vermont."

Opposition

Vermont Right to Life led the campaign in opposition to the amendment.

Opponents

Candidates

• Christina Nolan (R) - Candidate for U.S. Senate

Organizations

• Vermonters for Good Government

Arguments

• State Sen. James McNeil (R): "I do believe in women’s rights, but I also believe in the rights of a fetus – an unborn child."
• Vermonters for Good Government: If the amendment passes, "future generations of voters will be unable to ever start an amendment removal process, it will be out of their control, as amendments must originate in the legislature. As we look around the country, we see changing laws, opinions, and attitudes about this critically important topic. The ability to respond quickly to public sentiment is paramount to a properly functioning state government. This will remove that mechanism, and we feel it is a very dangerous precedent. The amendment language is very simple and short, but that makes it all the more open to judicial interpretation, and unintended consequences. It is intentionally vague and opens Pandora’s box, paving the way for many dangerous ramifications."
• State Rep. Anne Donahue (R): "The importance of conscience protection for health care workers, most often in the context of permitting hospital staff to request to be excused from participation in abortions, has broad public support and is endorsed by the Vermont Medical Society. Yet few have addressed the current risks of erosion of those rights of conscience in Vermont if Proposal 5, the 'reproductive liberty amendment,' were to become a part of our state’s constitution."
• Annisa Lamberton, a spokeswoman for Vermonters for the Common Good: "The vague language in Proposal 5 of the 'right to personal reproductive autonomy' will likely be interpreted to mean taxpayers will be responsible for funding more than abortions, but it will also include fertility treatments, gender transformation surgery, sterilizations (even of minors), and any number of services and procedures that could conceivably fall under this 'reproductive' umbrella. This vague concept goes far beyond what most people consider responsible action, without informing Vermonters of the costs for taxpayers or to potential impacts for minors."
• Christina Nolan, Republican candidate for U.S. Senate: Nolan said the Vermont constitutional amendment goes beyond Roe v. Wade. She said, "Up to the limits of what is set forth in Roe is where I draw the line."

Campaign finance

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through December 15, 2022.

See also: Campaign finance requirements for Vermont ballot measures

One committee, Vermont for Reproductive Liberty, registered in support of the amendment. The committee reported $569,354.33 in contributions. One committee, Vermont Right to Life, registered in opposition to Proposal 5. The committee reported $20,664.84 in contributions.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$563,511.35	$5,842.98	$569,354.33	$578,957.61	$584,800.59
Oppose	$20,664.84	$0.00	$20,664.84	$10,079.47	$10,079.47
Total	$584,176.19	$5,842.98	$590,019.17	$589,037.08	$594,880.06

Support

The following table includes contribution and expenditure totals for the committee in support of the amendment.

Committees in support of Proposal 5
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Vermont for Reproductive Liberty	$563,511.35	$5,842.98	$569,354.33	$578,957.61	$584,800.59
Total	$563,511.35	$5,842.98	$569,354.33	$578,957.61	$584,800.59

Donors

The following table shows the top donors to the committee registered in support of the ballot measure.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Planned Parenthood Vermont Action Fund	$229,341.51	$0.00	$229,341.51
Planned Parenthood Action Fund	$50,000.00	$3,184.41	$53,184.41
Sixteen Thirty Fund	$27,800.00	$0.00	$27,800.00
Donna and Jake Carpenter	$25,000.00	$0.00	$25,000.00
ACLU	$10,000.00	$1,927.11	$11,927.11

Opposition

The following table includes contribution and expenditure totals for the committee in opposition to the amendment.

Committees in opposition to Proposal 5
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Vermont Right to Life	$20,664.84	$0.00	$20,664.84	$10,079.47	$10,079.47
Total	$20,664.84	$0.00	$20,664.84	$10,079.47	$10,079.47

Donors

The following table shows the top donors to the committee registered in opposition to the ballot measure.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Ladies of St Vincent	$1,000.00	$0.00	$1,000.00
Michael and Pam Lewis	$1,000.00	$0.00	$1,000.00
Robert and Madonna Searing	$1,000.00	$0.00	$1,000.00
Massachusetts Citizens for Life	$500.00	$0.00	$500.00
Sharon Toborg	$500.00	$0.00	$500.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Background

Status of abortion in Vermont

At the time of the election, abortion was legal during all stages of pregnancy in Vermont. In 2019, the Vermont State Legislature passed a law that stated, "The State of Vermont recognizes the fundamental right of every individual who becomes pregnant to choose to carry a pregnancy to term, to give birth to a child, or to have an abortion." According to The Guttmacher Institute, Vermont also did not have any abortion restrictions such as waiting periods, required parental involvement, or limitations on publicly funded abortions.

Abortion rights provided by statute and constitutional law by state

As of August 2022, 10 states provided a state constitutional right to abortion based on court rulings, including four states that have also guaranteed abortion rights through statute. None of these states provide an explicit constitutional right to abortion; rather, state courts have ruled that provisions related to privacy, liberty, and equality provide a right to abortion. An additional 11 states have provided abortion rights solely through state statutes, including Vermont.

Amendments declaring no state constitutional rights

As of August 2022, four states had constitutional amendments declaring that their constitutions do not secure or protect a right to abortion or require the funding of abortion. The first state to pass a constitutional amendment was Tennessee in 2014. In 2018, Alabama and West Virginia passed constitutional amendments. In 2020, Louisiana voters approved Amendment 1. Arkansas has a constitutional amendment, passed in 1988, that says, "The policy of Arkansas is to protect the life of every unborn child from conception until birth, to the extent permitted by the Federal Constitution." In August 2022, Kansas voters were the first to decide on one of these amendments following the ruling of Dobbs. The constitutional amendment was defeated by a margin of 59% opposing to 41% supporting. Massachusetts and Florida also defeated similar amendments in 1986 and 2012, respectively.

History of abortion on the ballot

See also: History of abortion ballot measures

Since the 1970s, abortion-related policies have been a topic for statewide ballot measures across the U.S.

From 1970 to 2024, there were 65 abortion-related ballot measures, and 44 (68%) of these had the support of organizations that described themselves as pro-life. Voters approved 12 (27%) and rejected 32 (73%) of these 44 ballot measures. The other 21 abortion-related ballot measures had the support of organizations that described themselves as pro-choice or pro-reproductive rights. Voters approved 15 (71%) and rejected six (29%).

Before Roe v. Wade in 1973, three abortion-related measures were on the ballot in Michigan, North Dakota, and Washington, and each was designed to allow abortion in its respective state.

U.S. Supreme Court rulings on abortion

Dobbs v. Jackson Women’s Health Organization (2022)

In 2018, Jackson Women’s Health Organization, a clinic and abortion facility in Mississippi, challenged the constitutionality of the "Gestational Age Act" in federal court. The newly-enacted law prohibited abortions after the fifteenth week of pregnancy except in cases of medical emergencies or fetal abnormalities. The U.S. district court granted summary judgment in favor of the plaintiffs, holding that the law was unconstitutional, and put a permanent stop to the law's enforcement. On appeal, the 5th Circuit affirmed the district court's ruling. Click here to learn more about the case's background. On May 17, 2021, the Supreme Court of the United States agreed to hear the case.

On June 24, 2022, the court reversed the decision of the United States Court of Appeals for the 5th Circuit and remanded the case for further proceedings. In a 6-3 ruling, the court upheld Mississippi's abortion law at issue in the case. In a 5-4 vote, the court found there is no constitutional right to abortion and overruled Roe v. Wade (1973) and Planned Parenthood of Southeastern Pa. v. Casey (1992).

Roe v. Wade (1973)

In 1973, the Supreme Court of the United States issued its ruling in Roe v. Wade, finding that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. The high court held that states can regulate and/or prohibit abortions (except those to preserve the life or health of the mother) once a fetus reaches the point of viability. Roe v. Wade defined fetal viability as "the interim point at which the fetus becomes 'viable,' that is, potentially able to live outside the mother's womb, albeit with artificial aid." The high court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."

The ruling established a strict trimester framework to guide state abortion policies. States, according to this framework, were prohibited from banning or regulating abortion during the first trimester of pregnancy. During the second trimester, states were permitted to regulate abortion to protect the mother's health. During the third trimester, states were allowed to ban abortion, except in cases where an abortion is needed to preserve the life or health of the mother.

Planned Parenthood v. Casey (1992)

In Planned Parenthood v. Casey of 1992, the Supreme Court reaffirmed the essential holding of Roe v. Wade but rejected the trimester framework established in the case. The high court affirmed that states could not ban abortions before fetal viability. However, according to the court, neonatal care developments since Roe v. Wade meant fetal viability occurred somewhat earlier than the start of the third trimester of pregnancy.

The ruling in Planned Parenthood v. Casey also provided for a standard of undue burden to determine whether a law created substantial obstacles for a woman seeking an abortion before fetal viability. Unlike in Roe v. Wade, the court permitted states to regulate abortion during the first trimester if the regulations did not create an undue burden.

Path to the ballot

See also: Amending the Vermont Constitution

In Vermont, a constitutional amendment requires a vote in each chamber of the Vermont General Assembly in two successive legislative sessions with an election in between. However, there are different vote requirements depending on the session and chamber. During the first legislative session, the constitutional amendment needs to receive a two-thirds vote in the state Senate and a simple majority (50%+1) vote in the state House. During the second legislative session, the constitutional amendment needs to receive a simple majority vote in each legislative chamber.

2019-2020 legislature

State Sens. Timothy Ashe (D-Chittenden), Becca Balint (D-Windham), Virginia Lyons (D-Chittenden), and Richard Sears (D-Bennington) were the lead sponsors of the constitutional amendment, known as Proposal 5, in the Vermont General Assembly in 2019.

On April 4, 2019, the state Senate approved Proposal 5 in a vote of 28-2. At least 21 votes were needed to pass the constitutional amendment. On May 7, 2019, the state House approved Proposal 5 in a vote of 106-38, with four members absent and one member abstaining. At least 73 votes were needed.

Vote in the Vermont State Senate April 4, 2019
Requirement: Two-thirds (66.67 percent) vote of all members of the state Senate and concurrence by a simple majority vote of all members of the state House
Number of yes votes required: 21  a
	Yes	No	Not voting
Total	28	2	0
Total percent	93.33%	6.67%	N/A
Democrat	22	0	0
Republican	4	2	0
Progressive	2	0	0

Vote in the Vermont House of Representatives May 7, 2019
Requirement: Two-thirds (66.67 percent) vote of all members of the state Senate and concurrence by a simple majority vote of all members of the state House
Number of yes votes required: 73  a
	Yes	No	Not voting
Total	106	38	5
Total percent	73.61%	26.39%	N/A
Democrat	90	1	3
Republican	6	36	1
Progressive	6	0	1
Independent	4	1	0

2021-2022 legislature

As the constitutional amendment was approved as Proposal 5 in 2019, the next Vermont General Assembly (2021-2022) needed to approve the amendment for the measure to appear on the ballot.

On April 9, 2021, the state Senate approved the amendment by a vote of 26-4. All but one Democrat, Sen. Robert Starr, voted for the amendment, and three of the seven Republicans in the Senate voted against it. On February 8, 2022, the state House approved the amendment by a vote of 107-41. The five independents and seven members of the Vermont Progressive Party joined the Democratic majority. One Democrat, Rep. Michael Yantachka, voted against it, and one Democrat did not vote. Five Republicans voted in favor of the amendment, 40 Republicans voted against it, and one member was absent.

Vote in the Vermont State Senate April 9, 2021
Requirement: Two-thirds (66.67 percent) vote of all members of the state Senate and concurrence by a simple majority vote of all members of the state House
Number of yes votes required: 15  a
	Yes	No	Not voting
Total	26	4	0
Total percent	86.67%	13.33%	N/A
Democrat	20	1	0
Republican	4	3	0
Progressive	2	0	0

Vote in the Vermont House of Representatives February 8, 2022
Requirement: Two-thirds (66.67 percent) vote of all members of the state Senate and concurrence by a simple majority vote of all members of the state House
Number of yes votes required: 74  a
	Yes	No	Not voting
Total	107	41	2
Total percent	72.30%	27.70%	N/A
Democrat	90	1	1
Republican	5	40	1
Progressive	7	0	0
Independent	5	0	0

How to cast a vote

See also: Voting in Vermont

Click "Show" to learn more about voter registration, identification requirements, and poll times in Vermont.

How to cast a vote in Vermont

Poll times In Vermont, all polls must open by 10 a.m. All polls close at 7 p.m. An individual who is in line at the time polls close must be allowed to vote. Registration Check your voter registration status here. A United States citizen and state resident who is at least 18 years of age may register to vote in Vermont. The registrant must take the "Voter's Oath," which is included on the voter registration form. According to the secretary of state's website, "Beginning January 1, 2017, eligible persons may register to vote on any day up to and including the day of the election. Registration is available during all normal business hours of your town or city clerk's office on days preceding the election and during polling hours on Election Day. " Automatic registration Vermont automatically registers eligible individuals to vote through the Department of Motor Vehicles. Online registration See also: Online voter registration Vermont has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration Vermont allows same-day voter registration. Residency requirements To register to vote in Vermont, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Vermont does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury. As of November 2024, Burlington, Vermont had authorized noncitizen residents to vote in local board elections. Noncitizens must register to vote using a separate application from the state voter registration application. All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registration The My Voter Page, run by the Vermont Secretary of State office, allows residents to check their voter registration status online. Voter ID requirements Vermont does not require voters to present identification while voting in most cases. However, first-time voters who registered by mail are required to present identification at the polls. The following list of accepted ID was current as of April 2023. Click here for the Vermont Secretary of State's page on accepted ID to ensure you have the most current information. Valid photo ID (driver’s license or passport) Current utility bill Current bank statement Another government document containing your residential address

See also

2022 measures

• 2022 ballot measures
• Abortion on the ballot
• Healthcare on the ballot

Vermont

• Vermont ballot measures
• Vermont ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Vermont Proposal 5 (2019-2020)