Vermonters vote to approve 2 constitutional amendments

Vermonters decisively approved two amendments to the state constitution Tuesday. The public referendums were the final steps in ratifying the new items, which fortify collective bargaining rights and guarantee equal protection under the law regardless of a number of characteristics.

The complex, yearslong amendment process requires legislative support in two consecutive bienniums. Voters last ratified constitutional changes in 2022, approving an explicit ban on slavery and landmark language affirming “an individual’s right to personal reproductive autonomy.”

Proposal 3, or Prop 3, enshrines the right to collective bargaining for employees, and prevents lawmakers from easily passing legislation that “interferes with, negates, or diminishes” that guarantee. The language explicitly protects labor agreements in which union membership becomes a condition of employment at a company, outlawing “right-to-work” legislation in the future.

The measure received strong bipartisan support in both of Vermont’s legislative chambers, passing 29 to zero in the Senate and 125 to 15 in the House last year.

The item’s proponents have argued the change is a necessary stand against what they see as nationwide, decades-long efforts to restrict the influence of unions in the U.S. Vermont labor leaders looked to Illinois, which is the only other state to have similarly robust constitutional labor protections, as a model.

Critics have argued that the restrictions on “right-to-work” laws will lock Vermont into an undesirable status quo and that the provision could cost Vermonters financially in the long term by giving unions too much power. One constitutional scholar also said the language would likely provide organizing protections to a broader set of employees in the state than is currently covered by statute — including farmworkers. 

Proposal 4, or Prop 4, is designed to guarantee people equal protection under the law, regardless of “race, ethnicity, sex, religion, disability, sexual orientation, gender identity, gender expression, or national origin.” A majority of states have a similarly aimed provision in their constitutions.

This amendment proposal too enjoyed robust support among lawmakers, passing 128 to 14 in the House and without opposition in the Senate.

Supporters have said the measure will build on the protections afforded by the 14th Amendment to the U.S. Constitution, with part of the new item’s stated purpose being to shield the rights of historically marginalized communities in Vermont. The new language would likely strengthen the state’s legal foundations for some anti-discrimination lawsuits, according to constitutional experts.

Some of those same experts raised concerns about the “list” approach this language takes, which includes some characteristics but leaves others out — such as age. Other critics argued the item’s stated purpose was essentially redundant with existing federal protections, and might create legal uncertainty in the future.

Both proposed amendments have seen robust lobbying for and against them. A campaign supporting Prop 3 notably spent nearly $800,000 this election cycle, with contributions from an arm of the International Brotherhood of Teamsters.

As of just after 11 p.m., 74.05% of counted ballots had been in favor of Prop 3, with 25.95% against, according to the Associated Press. Prop 4 had received the support of 79% of tallied votes, with 21% opposed, the AP reported. 

Read the story on VTDigger here: Vermonters vote to approve 2 constitutional amendments.