Under strict scrutiny, the government must show both that the interest served by the law is “compelling” or important enough that it justifies infringing on a fundamental right, and that any infringement on rights is done in “the least restrictive” or most careful way possible. This ranges from the lowest – “rational basis” - which only requires a law to have any conceivable relationship to a legitimate government interest and is applied when fundamental rights are not at play, to the highest - “strict scrutiny” - which applies when the government is attempting to restrict a fundamental right. There are three possible levels of scrutiny the court can apply. To decide if the statute is in line with the constitution, the court then applies different levels of “scrutiny” based on the language of the law and its impact on our rights. When a law is passed, people can challenge it in court to see if the law exceeds the government’s power as outlined in the federal or relevant state constitution. One of the major functions of the Constitution is to protect people’s freedoms by setting limits on the power of the government. “That an individual’s right to personal reproductive autonomy is central to the liberty and dignity to determine one’s own life course and shall not be denied or infringed unless justified by a compelling State interest achieved by the least restrictive means.”Īfter reading this language, a lot of people have understandably asked the question: What is “a compelling state interest achieved by the least restrictive means”? The short answer - this is what is known in the legal world as “the strict scrutiny test” and it offers the strongest constitutional protection possible against efforts to restrict reproductive rights. If passed, Article 22 will ensure that abortion stays legal and that patients will continue to have access to all available treatment options, especially when serious complications arise. This November, Vermont voters will have the opportunity to pass the Reproductive Liberty Amendment (Article 22) – an amendment that would explicitly enshrine reproductive liberty in our state constitution. We all deserve the freedom to determine our own life course – reproductive decisions included.
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