Will overturning Roe v. Wade change things in Vermont?

Hundreds of people attending rallies, impassioned social media posts, banners adorned with anthropomorphic uteruses and even vandalism at the Statehouse − emotions are running high in Vermont since the U.S. Supreme Court overturned Roe v. Wade. But, what could actually happen in Vermont as a result of the decision?

The ruling in the nation’s highest court took away abortion as a Constitutional right afforded to every U.S. resident able to bear a child and gave the power to states to determine whether and under what circumstances an individual could legally have an abortion.

Here in Vermont, that right isn’t in question as abortion remains permissible and accessible due to a state statute. However, the ruling could have ancillary impacts. A proposed amendment up for a vote in November could enshrine reproductive liberty into the Vermont Constitution and pregnant individuals may come to Vermont to have abortions from states that ban or have more restrictive abortion rules.

Vermont could double down on its commitment to abortion rights

Due to the passing of Act 47 in 2019, a person has the freedom to choose to have an abortion or not and neither they nor anyone else participating in that act or choice could be prosecuted in Vermont as a result.

The Vermont Legislature has gone a step further to make that fundamental right a part of the Vermont Constitution, thereby making it more difficult to change by whichever political party might have power in the Legislature in the future.

Roe v. Wade has been overturned:What does that mean for Vermont?

A reproductive liberty constitutional amendment, article 22, has passed the Vermont Senate and House by two-thirds majority in one Legislative biennium and again by majority vote in each chamber in a subsequent biennium. The process has taken roughly four years to get to this point. Now, Vermonters will get a say in November by majority vote to confirm the amendment or not. Going the extra step, “makes it that much more permanent,” said Joshua Diamond, acting Attorney General for Vermont.

The reaction to the Supreme Court decision by pro-abortion rights advocates and rallies across the state have whipped Vermonters up in a frenzy, according to Vermont Right to Life Committee executive director Mary Hahn Beerworth, who said these groups are funneling that outrage into passing the constitutional amendment.

Vermonters should “exert extraordinary caution” Beerworth said. It is not uncommon to change a state statute after it has been implemented and weaknesses revealed, however, once enshrined in the Constitution, an amendment is much harder to change. She said a repeal could take a culture or political shift that could amount to decades of work to achieve the support necessary to change.

Beerworth said the amendment goes further than what was provided by Roe and is particularly concerned about the impact upon underage pregnant individuals. They do not need to seek parental consent or a wait time already and if the amendment is adopted, it becomes much more difficult to add those restrictions in later.

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Will abortion-seekers flock to Vermont?

Will Vermont become a destination for those seeking an abortion?

“Time will tell,” said Eileen Sullivan on behalf of Planned Parenthood of Northern New England. Abortion is still legal in much of New England. A person coming from south of the region may choose to go to Massachusetts or New York instead of traveling further to Vermont.

Vermont has no abortion restrictions, however, and that could be attractive to even those in New England. A person from New Hampshire, for instance, who wishes to have an abortion after 24 weeks or who does not want to be subject to the parental notification law, could come here.

Sullivan says Planned Parenthood clinics have been preparing for an influx. There are five health centers that offer abortion care and others that offer abortion referrals. Hours will be extended at sites across Vermont by the end of this year, though, initially that decision was made to accommodate closing some sites.

The organization plans to track where people seeking abortions in Vermont reside.

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The way forward

Even though in the immediate future, access to abortions will not change in Vermont as a result of the Dobbs decision, Vermonters will still have to reckon with what abortion rights should mean going forward.

Beerworth says she was dismayed by the reaction of some rallying groups in Vermont upset over the Supreme Court decision. She said they irresponsibly riled up those gathered as if abortions were under attack in Vermont and said one event had an announcer yelling “Who loves abortions” at the crowd. She was appalled by a pro-choice demonstrator vandalizing the Statehouse leaving graffiti and broken windows, calling it “insanity.”

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Beerworth said Vermont is unlikely to ever ban abortions, so her mission is to get the number of abortions reduced and show people alternatives. When she started, she said there were 3,500 abortions a year in Vermont and now that number is down to 1,200.

Acting Attorney General Diamond contends abortion care is health care.

“The Attorney General’s Office will stand with Vermonters in doing everything it can to protect reproductive freedom,” he wrote in a statement. “The Office will explore every opportunity to join multistate actions, amicus briefs, and lawsuits while also supporting the passage of Vermont’s Reproductive Liberty Amendment, Article 22.”

Sullivan sees protecting reproductive rights as a step toward equity.

"Abortion bans disproportionately harm Black, Latino, Indigenous and other people of color because of this country's legacy of racism and discrimination," she said. "Planned Parenthood is committed to health equity and we are going to be bold and unapologetic in our demands: people need to control their own body and their future, no matter where they live."

Contact reporter April Barton at abarton@freepressmedia.com or 802-660-1854. Follow her on Twitter @aprildbarton.

This article originally appeared on Burlington Free Press: What could change in Vermont as a result of Roe v. Wade overturn