Did you know that Vermont, via Proposition 5, was the first state to enshrine the right to an abortion in its state constitution just two years ago? Vermont policymakers have been spearheading the movement toward a more inclusive version of sexual health care and reproductive justice. At SPECS, we affirm that everybody deserves access to accurate information regarding their bodies and reproductive health care, especially pertaining to their legal rights.
This semester, I had the opportunity to meet state Senator Ruth Hardy (D-Addison) and discuss Act 100, the most recent sexual health legislation enacted, and how Vermont is setting an example for the rest of the nation. After previously taking her class “Gender & Public Policy in the U.S.” in fall 2023, I was inspired to reflect on the importance of lawmakers in enacting change that directly affects people’s health and sexual lives. In class, students were assigned to do case study reports on relevant sexual health legislation, and it proved how crucial it is for citizens to be cognizant of their own rights and lack thereof. With the knowledge from the course, the interview with Hardy and other combined research, here is a breakdown of three critical Vermont sexual health policies.
H.40 (Act 100):
Act 100, or House Bill 40, was introduced by state Representative Barbara Rachelson (D-Chittenden) and enacted this past May. The law states that “No person shall intentionally and without consent remove or tamper with a condom prior to or during a sexual act in a manner likely to render it ineffective for its common purpose.” For example, if someone nonconsensually removes a condom during a sexual act when their partner had an explicit understanding that protection would be used, the partner can now press charges and bring a civil suit to the Vermont Superior Court for compensatory and punitive actions. Hardy explained her decision to vote for Act 100 as an easy one to make.
“This is a bill that keeps people safe in their sexual interactions with partners and makes sure it prioritizes consent and prioritizes their own choice whether and how to have sex. It seemed like a no-brainer for me to support it, so I obviously voted yes on the Senate floor,” Hardy said.
This legislation parallels the SPECS mission that centers consent, especially since students on college campuses are at an elevated risk of experiencing sexual violence. SPECS uses the Planned Parenthood FRIES model of consent (Freely given, Reversible, Informed, Enthusiastic and Specific). Act 100 addresses the ‘informed’ criteria, mandating sexual partners to have agreed-upon mutual consent on the exact conditions of using a sexually-protective device. While Act 100 is limited to condoms, a holistic examination of ‘informed’ consent must likewise include the status of a partner’s birth control or if they have a transmissible Sexually Transmitted Infection (STI).
H.89 (Act 14):
Act 14, or House Bill 89, was enacted in May 2023 and sponsored by then-state Rep. Katherine Donnally (D-Lamoille), Rep. Martin LaLonde (D-Chittenden) and Rep. Taylor Small (P/D-Chittenden). This law functions as a health care shield-bill, meaning that it safeguards patients from receiving medical misinformation. It states that “interference with legally protected health care activity, whether or not under the color of law, is against the public policy of this State.”
Access to reproductive and gender-affirming health care are cemented as legal rights in Vermont. Anonymity is ensured if someone fears for their safety, with a new confidentiality program developed by the Vermont Secretary of State. If there is any attempt at out-of-state legal action, extradition or subpoenas that attempt to punish or prevent a person from receiving or administering protected health care, this person is legally enabled to countersue for damages.
S.37 (Act 15):
Act 15, or Senate Bill 37, was enacted in May 2023 and was sponsored by Hardy, Sen. Virginia Lyons (D-Chittenden), Sen. Alison Clarkson (D-Windsor) and Sen. Kesha Ram Hinsdale (D-Chittenden). It is “an act relating to access to legally protected health care activity & regulation of health care providers.” As another joint shield-bill, Acts 14 and 15 collectively represent, in simple legal terms, a defense against the highly complicated theory on abortion extraterritoriality.
Most importantly, the act limits non-licensed medical professionals from giving false medical advice and using ultrasound machines in Crisis Pregnancy Centers (CPCs). CPCs are pregnancy centers that spread anti-abortion ideologies and present misleading medical information to vulnerable individuals to stop them from receiving an abortion, according to Planned Parenthood. These organizations are not new to Middlebury’s campus, and student activist groups have previously protested against The Women’s Center, a center in Addison County. Currently, Act 15 is being challenged in Vermont court by groups representing CPCs. At SPECS, we know that reproductive justice and abortion access are incredibly important and pertinent topics. By placing limits on this form of medical malpractice, Vermonters are protected from companies that attempt to restrict their reproductive liberties.
As for licensed medical professionals, Act 15 provides protection for employees in hospitals when performing gender-affirming care within Vermont state lines, defending these providers from abusive litigation. For individuals seeking gender-affirming care, Act 15 provides health insurance coverage and more medical protection. The law also provides protections for patients seeking abortions, ensuring they cannot be criminally charged out of state for receiving one. Additionally, the law grants pharmacists the ability to prescribe emergency contraception and allows universities to make contraceptives available in vending machines.
Acts 100, 14 and 15 are only the beginnings of a robust sexual health policy in Vermont. No matter the time or political climate, policymakers and citizens are continuously seeking beneficial change to advance legal equities. It is crucial to understand the realities of reproductive rights within Vermont and continue to push policymakers to promote bills that codify sexual-health related rights.
At SPECS, we believe that everyone should have accurate, up-to-date information regarding their legal rights both within and outside Vermont. Access to sexual health services and gender-affirming care is not just a privilege but a protected right, and we will continue empowering our fellow Midd Kids with the knowledge and resources on campus for how to exercise such rights.
Editor’s Note: Addison County Senator Ruth Hardy is married to Professor of Film and Media Studies Jason Mittell, who serves as faculty adviser to The Campus. He had no role in the publication of this op-ed.
