Landmark reproductive ‘shield’ bills signed into law

BY SARAH MEARHOFF VTDigger

Against a national backdrop of ever-tightening restrictions on abortions and gender-affirming care, Gov. Phil Scott on Wednesday signed two high-profile “omnibus” bills that seek to expand protections for and access to reproductive care in Vermont.

“Today, we reaffirm once again that Vermont stands on the side of privacy, personal autonomy and reproductive liberty, and that providers are free to practice without fear,” the Republican governor said in a press release announcing his signatures Wednesday.

When the U.S. Supreme Court last summer struck down Roe v. Wade case precedent, thereby ending the federal right to an abortion, dozens of states immediately outlawed or severely restricted access to the procedure. Meanwhile, numerous state legislatures have also taken aim at transgender rights, passing laws regulating gender-affirming care for patients who are transitioning, particularly minors.

In a patchwork nation of disparate laws regarding reproductive health care, Vermont lawmakers set out to make the state a refuge for these procedures — not just for residents, but out-of-state patients who travel to receive the procedures, as well.

H.89 is the Legislature’s socalled shield law, protecting Vermont doctors from being forced to cooperate with out-of-state investigators, should they seek to prosecute a patient who traveled to Vermont to obtain care from a state where abortion or gender-affirming care is outlawed.

Lawmakers were clear from the start: Vermont can only shield doctors and patients so long as they remain in state lines. But H.89 does offer out-of-state patients some level of protection, by essentially kneecapping any investigations.

The Senate’s companion bill, S.37, offers doctors professional protections for providing reproductive care in Vermont, such as barring medical malpractice insurance companies from hiking rates on providers, or preventing providers from having their medical licenses revoked.

The legislation also includes a section taking aim at so-called crisis pregnancy centers, which are nonmedical facilities that advertise themselves for pregnant patients, offering some basic obstetrics — such as pregnancy tests and ultrasounds — but actively seek to dissuade patients from obtaining abortions. Critics have long called these facilities’ advertising strategies misleading, and S.37 makes them subject to Vermont’s existing false and mislead- ing advertising statutes.

Collectively, H.89 and S.37 go a step further than Article 22, an amendment to the state constitution guaranteeing “reproductive liberty” that passed with majority support in every Vermont city and town last fall.

Such laws are among the first in the nation. In the words of David Cohen, a Drexel University law school professor, they represent an advent of the post-Roe “interjurisdictional abortion wars.”

Both bills passed overwhelmingly in the Vermont House and Senate. They were widely supported by prominent Vermont medical organizations and institutions, as well as reproductive care and LGBTQ+ advocacy groups such as Planned Parenthood of Northern New England and OutRight Vermont. Anti-abortion rights groups such as Vermont Family Alliance objected to the legislation.

While the two bills saw broad support among legislators, there was a last-minute hiccup: When news broke that a federal judge in Texas ruled that Food and Drug Administration approval of mifepristone, a widely used abortion medication, should be revoked, lawmakers scurried to add in additional, specific protections for abortions carried out by medicine. Medication is the most commonly used method for abortion nationwide and in Vermont.

Clockwise from top: Town Fair booths fill the Village Green early on the morning of Green Up Day. Williston’s Cub Scouts help clean up around the Williston Central School and the athletic fields on Saturday morning. Emily

Town Fair

continued from page 1 year town plan, but thinking more broadly about what’s Williston in 2050: How is Williston a livable, resilient and equitable place? What are the goals and policies the town needs to have to make that vision a reality?” said Heymann.

“We got a grant through the Vermont municipal planning grant program to do a really broad and thorough public outreach campaign, unlike anything that’s ever been done for past town plans,” added Heymann.

At the Williston 2050 table, as a way to gather initial input, Melinda Scott from the Planning Department offered “postcards from the future” that town residents can complete to describe their idea of what an ideal future Williston would be like. More information about this project and how to get involved can be found at www.williston2050.com.

Outside the tent, a booth hosted by REI’s Williston store featured make-your-own trail mix and provided information about “leave no trace” practices when hiking and camping.

Visitors at the Habitat for Humanity booth learned about volunteer opportunities at the Williston Habitat ReStore and nearby home building sites.

The Williston-Richmond Rotary Club offered free plants started by club members, while at the Williston Observer booth, staff gave away gift cards, coupons and other prizes donated by local businesses along with tips on how to reuse old newspapers.

The morning was capped off by a first-of-the-year concert by the Williston Town Band featuring movie themes and other favorites.

Heymann reported that about 800 Green Up bags were picked up by residents, and the town collected over a ton of refuse gathered along area roads.

Grabbing a Tiger by the tail

CLOCKWISE (l to r): CVU’s Emerson Rice fires a shot into the Middlebury goal during the Redhawks’ 18-3 win over the Tigers on Monday afternoon in Hinesburg. Amelie Scharf flips one into the goal. Kate Boehmcke scoops up the loose ball. Bibi Frechette, below, takes the draw opposite Middlebury’s Ada Weaber. At the other end of the field, CVU goalie Clair StackpoleMcGrath makes a save.