Proposal 4: Declaration of Rights; Equality of Rights
Statewide — all of Vermont
General election · Tuesday, November 3, 2026
- Placed on the ballot by the Legislature. Vermont Public reported on May 13, 2026 that the House gave final approval to the amendment that day, with 14 members voting against (VTDigger: all but one of them Republicans); amendments must pass both chambers in consecutive two-year sessions. The legislature's bill-status page records the proposal as delivered to the Secretary of State on June 3, 2026.[2][3]
The question on the ballot
To see if the voters will amend the Vermont Constitution by adding Article 23 to read: 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, 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.[4]
Proposal 4 would add Article 23 to Chapter I of the Vermont Constitution. It would state that the people are guaranteed equal protection under the law and that the State shall not deny equal treatment under the law on account of race, ethnicity, sex, religion, disability, sexual orientation, gender identity, gender expression or national origin. It adds that nothing in the article is to be read to prevent measures intended to provide equality of treatment and opportunity for groups that have historically been subject to discrimination. If ratified it takes effect on the first Tuesday after the first Monday of November 2026. No fiscal note was found in the sources reviewed.[1]
A YES vote means
A yes vote would add this equal-protection article to the Vermont Constitution.
A NO vote means
A no vote would leave the Vermont Constitution without this article.
The law today
Vermont Public reports that Vermont is among the minority of states whose state constitution does not have an equal protection clause (this is a news report's description, not an official analysis). Per the Valley News/VTDigger, the amendment would become the 23rd article of the Vermont Constitution.[3][5]
Arguments made for
- Cary Brown, executive director of the Vermont Commission on Women, told lawmakers, as quoted by Vermont Public: "We are living at a time when we cannot take for granted that the legal and social gains made for equality based on sex or any other class will stand."[3]
- Rev. Mark Hughes, executive director of the Vermont Racial Justice Alliance, said, as quoted by Vermont Public: "It’s about ensuring that equal protection under the law is explicit and also that it’s enforceable."[3]
- Rep. Barbara Rachelson (D/P-Burlington), presenting the proposal on the House floor, said (as reported by VTDigger): "The federal Constitution represents a floor, not a ceiling, of rights. It shows us the minimum we can do, not the maximum," and "it's important that Vermont develop its own jurisprudence regarding equal protection, and not simply rely on the one found in our federal Constitution."[5]
Arguments made against
- Castleton Rep. Zachary Harvey said of the proposal, as quoted by Vermont Public: "This is very much part of a cultural zeitgeist that is currently falling out of vogue, and that not many people are really subscribing to,"[3]
- Rep. Val Taylor (R-Mendon), the only Republican to explain a no vote on the floor, said (as reported by VTDigger): "I believe in my heart — and, I'm sorry — the only words that are going to change Vermont and change this world, I believe, come from the Bible."[5]
On record in support
On record in opposition
- Rep. Zachary (Zak) Harvey (R-Castleton, vice chair of the state Republican Party) was among the House members who voted no, per Vermont Public and VTDigger.[3][5]
- Rep. Val Taylor (R-Mendon) voted no and explained her opposition in religious terms on the House floor.[5]
- Reps. Tom Burditt (R-West Rutland) and Mark Higley (R-Lowell) were among the 14 House members who voted no.[5]
Research notes & limits
The ballot question is the wording printed on the Town of Eden's official sample ballot for the Nov. 3, 2026 'Official State Constitutional Amendment Ballot'; Governor Scott's July 27, 2026 proclamation of Proposal 4 carries the same article text. Vermont publishes no voter-pamphlet arguments; the arguments are statements quoted by Vermont Public. Only one opposing statement was found; Harvey's separate characterization of the proposal as "woke-ism" is not reproduced. No fiscal note was found. No fiscal note or campaign-finance totals were found. Vote tally on May 13, 2026 was 128-14 (VTDigger via Valley News), all but one of the no votes Republican.
Sources · 5
Researched 2026-10-19. Green citations are official government records.
- 1.Proposal 4 as adopted by the Senate (official text) · Vermont General Assembly Official record
- 2.PR.4 bill status: delivered to the Secretary of State on June 3, 2026 · Vermont General Assembly · 2026-06-03 Official record
- 3.Proposed constitutional amendment headed to voters in November · Vermont Public · 2026-05-13 News report
- 4.Sample Ballot, Official State Constitutional Amendment Ballot, November 3, 2026 (Eden, VT) · Town of Eden, VT · 2026-11-03 Official record
- 5.Vermont voters will decide on equal protection amendment to state constitution this fall · Valley News (VTDigger report) · 2026-05-19 News report