JAMAICA-We were riding the crest of the second wave of feminism.
New York legalized abortion in 1970. Roe v. Wade made that natural and essential right to freedom accessible throughout the country in 1973. A cache of civil rights, voting rights, youth rights, Native rights, and gender equality protections was passed by the 92nd Congress — including, in 1972, a bill to amend the United States Constitution: the Equal Rights Amendment (ERA).
Under the amendment, “equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.”
The backlash against our rights began almost immediately. Congress set an arbitrary (unconstitutional?) time limit of seven years for the required three-fourths of states (38 of them) to ratify the ERA.
Thanks in large part to the antidemocratic Reagan revolution, and as a result of activism spearheaded by Phyllis Schlafly’s Eagle Forum, only 35 states ratified the amendment by the deadline of March 22, 1979. Nevada, Illinois and Virginia have subsequently ratified the amendment despite the deadline.
Undeterred by the burgeoning national suppression of rights, the second wave surged here in Vermont.
Madeleine Kunin was elected our 77th governor, serving from 1985 until 1991, and a record number of women were elected to the Legislature.
We almost added the 1986 Vermont State Equal Rights Amendment to our state constitution. (“Equality of rights under the law shall not be denied or abridged by the State of Vermont or any of its political subdivisions on account of the sex of the individual.”)
The proposal was passed by the Vermont Legislature across two separate biennia — 1983–1984 and 1985–1986 — but it was not to be. Schlafly apostles struck again, targeting Vermont with an anti-gender-equality campaign. In 1986, the amendment was defeated, with 48.35% voting for the measure and 51.65% opposing it.
Now we have another chance to amend our Vermont Constitution to provide for even broader equality of rights. Led by Sens. Virginia Lyons, Nader Hashim, and Kesha Ram Hinsdale, the 2023-24 and 2025-26 sessions of the Vermont Legislature have passed Proposition 4, amending the Vermont Constitution as follows:
“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, disability, 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.”
It’s time to move forward. Do not let the reactionary forces stop expansion of our legal rights again. Vote yes on Proposition 4 in November.
Jean Anne Kiewel
Jamaica
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