Vermont

Vermont lacks the most basic protections for women considering abortion, for unborn victims of criminal violence, and for nascent human life.  Moreover, Vermont is one of only a few states that does not protect the civil rights of healthcare providers who conscientiously object to participating in any healthcare procedure, including abortion, human cloning, or assisted suicide. Abortion:

• The Vermont Constitution has been construed to provide a broader right to abortion than the U.S. Constitution.
• Further, the Vermont legislature has resolved that “it is critical for the… personal health and happiness of American women, that the right of women… to make their own personal medical decisions about reproductive and gynecological issues be vigilantly preserved and protected.... This legislative body reaffirms the right of every Vermont woman to privacy, autonomy, and safety in making personal decisions regarding reproduction and family planning….”
• Vermont allows abortions after viability, even in cases where the mother’s life or health is not endangered.
• Vermont does not provide even rudimentary protection for women or minors considering abortions.  The state does not have an informed consent law, ultrasound requirement, parental involvement law for minors seeking abortions, abortion clinic regulations, or a prohibition on anyone other than a licensed physician performing an abortion.
• The state has an enforceable abortion reporting law, but does not require the reporting of information to the Centers for Disease Control (CDC).  The measure pertains to both surgical and nonsurgical abortions.
• Vermont taxpayers fund “medically necessary” abortions for women receiving public assistance. This requirement essentially equates to funding abortion-on-demand in light of the U.S. Supreme Court’s broad definition of “health” in the context of abortion.
• Prior to the FDA’s 2006 decision, Vermont enacted a measure allowing pharmacists to dispense “emergency contraception” without a valid prescription.
• Vermont has a “contraceptive equity” law, requiring health insurance coverage for contraception.  No exemption is provided for employers or insurers with a moral or religious objection to contraception.

Legal Recognition of Unborn And Newly Born:

• Vermont does not criminalize the killing of or assault on an unborn child outside the context of abortion.
• The state allows a wrongful death (civil) action when a viable unborn child is killed through a negligent or criminal act.
• Vermont does not require infants who survive abortions to be given appropriate, potentially life-saving medical care.
• Vermont’s “Baby Safe Haven Law” allows mothers to legally leave their infants at designated places and ensures the infants receive appropriate care and protection.  The state permits a person or facility receiving an infant to not reveal the identity of the person relinquishing the child unless there is suspected abuse.

Bioethics Laws:

• Vermont does not prohibit human cloning or destructive embryo research.
• The state does not promote ethical alternatives to destructive embryo research.
• Vermont does not regulate egg harvesting or assisted reproductive technologies.

End of Life Laws:

• Vermont does not have a specific statute criminalizing assisted suicide. However,under Vermont law, assisted suicide remains a common law crime.
• Vermont requires the state Department of Health to provide an annual report on end-of­life care and pain management. The state also has a “Patient’s Bill of Rights for Pallia­tive Care and Pain Management” to ensure that healthcare providers inform patients of all of their treatment options.
• The state maintains a Physician Orders for Life-Sustaining Treatment (POLST) Para­digm Program.

Healthcare Rights of Conscience Laws: Participation in Abortions:

• Vermont currently provides no protection for the rights of conscience of healthcare pro­viders who conscientiously object to participating or assisting in abortions or any other healthcare procedure.

Participation in research Harmful to Human Life:

• Vermont currently provides no protection for the rights of healthcare providers who con­scientiously object to participation in human cloning, destructive embryo research, or other forms of immoral medical research.

What Happened in 2012:

• Vermont considered legislation related to abortion funding and abortion reporting.

• Conversely, the state adopted a resolution commemorating the 39th anniversary of Roe v. Wade and considered a state “Freedom of Choice Act.”

• Regarding end of life issues, AUL again helped allies in Vermont to defeat a measure legalizing physician-assisted suicide.

• Vermont considered modifications to their Physician Orders for Life-Sustaining Treatment (POLST) Paradigm program, as well as measures relating to pain management and palliative care.

Recommendations for Vermont Top Priorities:

• State Constitutional Amendment (providing that there is no state constitutional right to abortion)
• Abortion Mandate Opt-Out Act
• Defunding the Abortion Industry and Advancing Women’s Health Act
• Women’s Right to Know Act
• Parental Notification for Abortion Act
• Women’s Health Protection Act (abortion clinic regulations)
• Abortion-Inducing Drugs Safety Act
• Crimes Against the Unborn Child Act
• Assisted Suicide Ban Act
• Healthcare Freedom of Conscience Act

Other Priorities: Abortion

• Women’s Ultrasound Right to Know Act
• Coercive Abuse Against Mothers Prevention Act
• Child Protection Act
• Joint Resolution Commending Pregnancy Care Centers

Legal Recognition and Protection for the Unborn:

• Unborn Wrongful Death Act
• Born-Alive Infant Protection Act
• Pregnant Woman’s Protection Act

Bioethics:

• Human Cloning Prohibition Act
• Destructive Embryo Research Act
• Prohibition on Public Funding of Human Cloning and Destructive Embryo Research Act

Back To Top