BRATTLEBORO-On Oct. 20, at a special meeting, the Windham County Bar Association unanimously endorsed adoption of Proposal 4 to amend the Vermont Constitution to include an equal protection clause.
In moving the motion, I noted that Vermont is in a minority of states lacking an equal protection clause in its constitution.
Vermont constitutional law expert Peter Teachout testified to the Legislature that the Vermont Supreme Court has determined that Article 7, also known as the Common Benefits Clause, is not an adequate substitute for an equal protection clause, saying in Baker v. State, “The concept of equality at the core of the Common Benefits Clause was not the eradication of racial or class distinctions, but rather the elimination of artificial government preferences and advantages.”
I also pointed out that while Vermont cannot pass laws that have been determined to be unconstitutional at the federal level, adding Article 23 to the Vermont Constitution will strengthen the Vermont Legislature’s ability to pass, and the Vermont courts’ ability to uphold, protection of rights passed to the states by the United States Supreme Court as well as to put a drag on the ability of Vermont lawmakers and courts to limit Vermonters’ rights in the future.
For more information regarding the Windham County Bar Association, contact its president, Alexander “Sandy” D. Shriver, Esq. For more information on the Proposal 4 resolution, contact me.
Windham County Bar Association
Brattleboro
Jean Anne Kiewel, attorney pro bono emeritus
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