Restrictions

Vermont requires abortion providers to submit reports to the state.^[1]VT. STAT. ANN. tit. 18, § 5222.

State Protections

Vermont enacted an independent statutory protection for abortion as a fundamental right throughout pregnancy in June 2019.^[2]Id. § 9493 et seq.

The State of Vermont recognizes the fundamental right of every individual who becomes pregnant to choose to carry a pregnancy to term, to give birth to a child, or to have an abortion. … [A public entity] shall not, in the regulation or provision of benefits, facilities, services, or information, deny or interfere with an individual’s fundamental rights to choose or refuse contraception or sterilization or to choose to carry a pregnancy to term, to give birth to a child, or to obtain an abortion. No State or local law enforcement shall prosecute any individual for inducing, performing, or attempting to induce or perform the individual’s own abortion.

Vermont provides public funding for medically necessary abortions.^[3]Doe v. Celani, No. S81-84CnC at 5 (Vt. Super. Ct. May 23, 1986) (holding that ban on Medicaid funding violated state constitution). The state does not restrict the type of health-care practitioner who can provide abortion care.

In November 2022, Vermonters approved a legislatively-referred state constitutional amendment that enshrines the right to reproductive freedom in the state constitution.^[4]Vt. S. Const. Amend. No. 5, Leg. Sess. (2021-2022). Lindsay Whitehurst, Abortion rights protected in Michigan, California, Vermont, AP News (Nov. 9, 2022). In 2023, Vermont enacted interstate shield laws protecting providers, patients, and people who help others access abortion and gender affirming care from professional licensure consequences, the reach of out-of-state investigations and legal actions, and the disclosure of information.^[5]H.B. 89, 77th Gen. Assemb., Reg. Sess. (Ve. 2023); S.B. 37, 77th Gen. Assemb., Reg. Sess. (Ve. 2023). These protections apply regardless of the patient’s location.^[6]See Sec. 1, H.B. 89, 77th Gen. Assemb., Reg. Sess. (Ve. 2023) to be codified at Vt. Stat. Ann. tit. 1, § 150(b)(1)(B).

Post-Roe Prohibitions

Vermont had a pre-Roe statute that imposed criminal penalties on third parties who assisted with or performed an abortion. It was held invalid by the Vermont Supreme Court in 1972 and expressly repealed by the legislature in 2014.^[7]See VT. STAT. ANN. tit. 13, §§ 101-104, invalidated by Beecham v. Leahy, 130 Vt. 164, 170, 287 A.2d 836, 840 (Vt. 1972), repealed by 2013, No. 98, § 1, eff. Mar. 24, 2014.

Conclusion

Now that the Supreme Court has overturned Roe, abortion will remain legal in Vermont because the state enacted comprehensive abortion rights protections in 2019. In November 2022, voters approved Proposal 5, which enshrines reproductive freedom in the Vermont constitution.