Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

sl8

(16,228 posts)
Fri Oct 7, 2022, 06:17 AM Oct 2022

"A Compelling State Interest Achieved By The Least Restrictive Means", VT ACLU on Art. 22

https://www.acluvt.org/en/news/compelling-state-interest-achieved-least-restrictive-means

A COMPELLING STATE INTEREST ACHIEVED BY THE LEAST RESTRICTIVE MEANS

SEPTEMBER 16, 2022 - 10:30AM

We all deserve the freedom to determine our own life course – reproductive decisions included. 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. 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.

The language of the amendment says:

“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.”


After 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.

[...]

2 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
"A Compelling State Interest Achieved By The Least Restrictive Means", VT ACLU on Art. 22 (Original Post) sl8 Oct 2022 OP
But a zygote is NOT A LIFE. no_hypocrisy Oct 2022 #1
Wow I'd strike that last portion of the clause bucolic_frolic Oct 2022 #2

bucolic_frolic

(46,601 posts)
2. Wow I'd strike that last portion of the clause
Fri Oct 7, 2022, 06:59 AM
Oct 2022

a compelling state interest?

least restrictive means?

The right wing can turn anything on its head. Suppose the state of VT is losing population due to migration - climate, dissolving mud, disease - and decides to compel women to rev up the fecund engines of production? And by the least restrictive means - like cows in a pasture?

Don't read passages for intent. Read them literally. The right wing will.

"shall not be denied or infringed." would be sufficient.

Latest Discussions»Region Forums»Vermont»"A Compelling State Inter...