In the 2026 general election, Vermonters will vote "yes" or "no" on Prop 4 “Equality of Rights” proposed Constitutional Amendment, which would add a new Article to Chapter 1 of Vermont’s Constitution. Article 1, Chapter 1 of Vermont's Constitution already provides, "the guiding principle and legal framework to protect each individual's unalienable rights under the law." There is no need for an additional equal rights amendment.

Expert witness testimony confirms that Prop 4 was written to provide the legal framework to provide a hierarchy of rights by providing benefits to state-sanctioned "historically marginalized groups" and does not provide equal rights for all.

Prop 4 as it will appear on the ballot in November 2026:

Article 23 (Equality of rights)

That the people are guaranteed equal protection under the law. The State shall not deny equal treatment under the law on account of a person’s race, ethnicity, sex, religion, 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.

Below is a breakdown of what each of the three sentences means, according to expert witness testimony to the Vermont Senate and House Judiciary Committees:

First Sentence: “That the people are guaranteed equal protection under the law.”

The first sentence leaves the reader with the impression that Prop 4 itends to protect equal rights for all: it does not.

Read on:

Second Sentence: “The State shall not deny equal treatment under the law on account of a person’s race, ethnicity, sex, religion, sexual orientation, gender identity, gender expression, or national origin.”

Legally, “if you include certain classes in a closed list, you mean to exclude others.” 

-    Peter Teachout, Professor, Vermont Law School, and expert witness to Senate and House Judiciary Committees, in his testimony to House Judiciary on May 1, 2024.

Third sentence: “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.”

“The last sentence in Prop 4 really is important guidance for the Vermont Supreme Court to ensure that this Clause is not misinterpreted and used to strike down DEI [Diversity, Equity, and Inclusion] initiatives that the state already has in place and that it may implement in the future.”

-       Big Hartman executive director and general counsel, Vermont Human Rights Commission, to House Judiciary Committee on May 1, 2024

“The office further appreciates the addition of language intended to guide the Vermont Supreme Court to interpret the Article as follows: ‘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.’ We are concerned that without this additional guidance [third sentence of Prop 4], the Equal Rights Amendment could be misinterpreted to claim that socially dominant groups are harmed by the pursuit of equity, diversity, justice, and inclusion.”

-Jay Greene, Office of Racial Equity, to House Judiciary Committee, - April 28, 2024

Who are the "socially dominant groups" that would not be protected under Prop 4?

Shouldn't an Equal Rights Amendment protect ALL Vermonter's, regardless of their identity?

The language of Prop 4 and the Vermont Legislature's own expert witnesses confirm the fact that Prop 4 "Equality of Rights" Constitutional Amendment is an UN-equal rights amendment that will not protect each Vermonter's rights equally.

Send a message to your legislators that you do not approve of the Vermont state government providing preferential treatment for some Vermonters over others by voting "No" on Prop 4.