After early draft on Roe v. Wade is leaked, Vermont politicians push for Proposition 5

After Monday night's leaked Supreme Court decision on Roe v. Wade, Vermont groups and politicians are responding.

Politico published a leak Monday night of a preliminary decision by the U.S. Supreme Court to strike down the landmark court case Roe v. Wade which currently protects women's right to abortion. In Vermont, abortion would still be protected by state law if Roe v. Wade is voted down.

Gov. Phil Scott, a Republican, put out a statement reassuring Vermonters that abortion will continue to be an option in the Green Mountain State.

"Three years ago, we enacted a law that affirms the fundamental rights of all women and ensures reproductive health decisions remain between a woman and her health care provider – totally free from government interference," Scott said in his statement. "It is important for Vermonters to know this will remain true in Vermont regardless of what happens with the Supreme Court. And Vermonters will have the opportunity to solidify this right in November, when Prop. 5 amending Vermont’s constitution is on the ballot.”

In New England: What would an overturn of Roe v. Wade mean?

Vermont Gov. Phil Scott speaks at a news conference on Sept. 26, 2019, in Essex Junction, Vermont, where he said he supported an impeachment inquiry into the actions of President Donald Trump.
Vermont Gov. Phil Scott speaks at a news conference on Sept. 26, 2019, in Essex Junction, Vermont, where he said he supported an impeachment inquiry into the actions of President Donald Trump.

Vermont is considering Proposition 5, which would amend state Constitution to bar the governor or the Legislature from regulating abortions or anything to do with women's reproduction "unless justified by a compelling State interest achieved by the least restrictive means.”

President Joe Biden: 'Whole range of rights could now be at risk' if Roe v. Wade is overturned

To amend the state constitution, Vermont law requires that a proposed amendment be passed by two consecutively elected legislatures and then go before voters in a statewide referendum. Vermont began the process that could lead to the Reproductive Liberty Amendment in 2019 and gave it final legislative approval in February.

If approved by voters in November, the amendment will take effect immediately.

Mary Hahn Beerworth, executive director of the Vermont Right to Life Committee, said she thinks the leak of the opinion was a political move to stir up strong emotions, and she hopes the person who leaked it will be held accountable. Because of Vermont state law, her organization's focus is on education and alternatives to abortion for pregnant women.

"We have a lot of work to do to restore sanctity of human life ethic, to get people to understand that abortion is legal all nine months," Hahn Beerworth said. "We may well become an abortion Mecca as so many states are moving to try to protect unborn babies in the womb."

Vermont Lt. Gov. Molly Gray poses for a photo in Burlington, Vt., Monday, Dec. 6, 2021, after announcing that she would seek the Democratic Party nomination to fill the U.S. House seat that will become vacant when U.S. Rep. Peter Welch runs for the U.S. Senate.
Vermont Lt. Gov. Molly Gray poses for a photo in Burlington, Vt., Monday, Dec. 6, 2021, after announcing that she would seek the Democratic Party nomination to fill the U.S. House seat that will become vacant when U.S. Rep. Peter Welch runs for the U.S. Senate.

Sen. Bernie Sanders, I-Vt., and Lt. Gov. Molly Gray tweeted about the need for the U.S. Congress to pass legislation that will protect abortion rights. Gray also pushed for the the adoption of Proposition 5.

"Our work here in Vermont to enshrine reproductive liberty as a fundamental right in our Vermont Constitution through Proposition 5 also takes on even greater urgency," Gray wrote in a statement sent to media. "As Lt. Governor, I’m committed to growing statewide support for Proposition 5 and working with our Congressional delegation to encourage urgent codification of Roe v. Wade into federal law.”

Rep. Peter Welch, D-Vt., issued a statement decrying the decision.

“Reports of the Supreme Court’s decision to overturn Roe v. Wade will be the greatest infringement of freedom for women in generations.

In overturning Roe, the Court will profoundly restrict the Constitutional rights of women. Twenty-six states are likely to ban abortion outright when this decision becomes final in the coming months, leaving millions without access to safe and necessary medical care.

The draft opinion by the Court’s conservative majority – a majority made possible by the court packing tactics of former President Trump and Mitch McConnell – is a cruel and brutal restriction of rights.

But it is important to remember that this decision is not final, and abortion is legal today. It must remain so. We cannot allow the Supreme Court to jeopardize the health of millions of Americans.

Congress must codify the right to abortion into law. The House has passed the Women’s Health Protection Act, and the Senate must do so as well. This will require the Senate to abolish the filibuster. They can and must do so without delay.

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.”

Sen. Patrick Leahy condemned the decision and heavily criticized the Supreme Court in his statement about the leaked opinion.

“If this is the direction in which this Supreme Court is headed, it would do irreparable damage to whatever remaining trust Americans have in our judiciary as an independent, apolitical branch of our government," Leahy said. "Overturning Roe v. Wade thus would not only endanger the enshrined rights of millions of Americans, but endanger our constitutional system of government itself. And who knows where this ungrounded judicial activism would end?”

Planned Parenthood Vermont Action Fund reminded the public that abortions are still legal as of now, and in Vermont they will continue to be.

“If the Supreme Court allows states to ban abortion, we do not anticipate immediate changes to abortion laws in Vermont," Lucy Leriche, vice president of public affairs said in her statement. "But elections matter. If a majority of anti-abortion politicians take control of the legislature, they could pass laws restricting or even banning abortion."

“To ensure that our reproductive rights are secure, we must pass the Reproductive Liberty Amendment (RLA) in November. The RLA would amend Vermont’s constitution to protect every person's right to make their own reproductive decisions, like whether and when to become pregnant, use temporary or permanent birth control, or seek abortion care."

Contact Urban Change Reporter Lilly St. Angelo at lstangelo@gannett.com. Follow her on Twitter: @lilly_st_ang

This article originally appeared on Burlington Free Press: Vermont abortion: Politicians react to Supreme Court draft opinion