Via Community News Service, a University of Vermont journalism internship, for the White River Valley Herald
On Election Day, voters in the White River Valley will weigh in on two amendments to the Vermont Constitution.
Proposal 3 would enshrine the right for workers to organize labor unions, and Proposal 4 would guarantee equal protection under the law for all people, regardless of identity.
The proposals have been passed by the state legislature through a four-year process. Proposals must pass with a two-thirds vote in the Senate, after which they must pass with a simple majority in the House of Representatives. In the following two-year legislative session, they must pass in the Senate and House a second time with a simple majority to be added to the ballot.
Now, Vermonters will decide whether they should become a part of the state constitution.
Proposal 3 would protect workers’ rights
Current Vermont law already protects organized labor rights and collective bargaining, but Proposal 3 would guarantee that right for future generations, say supporters of the proposal.
“Sixty years down the road, workers will have the same protections,” said Larry Moquin, president of the Vermont AFL-CIO, which supports the measure.
Proposal 3 is based on a similar constitutional amendment passed in Illinois in 2022. A handful of other states also have similar protections for collective bargaining in place.
Proposal 3 was passed with unanimous approval twice in the Senate. In the House of Representatives, the proposal passed 129-8 in 2024 and 125-15 in 2025.
“I see Prop 3, first and foremost, as a hedge against a potential future scenario where an election leads to a majority in the legislature that weakens union rights,” said Tevye Kelman, a social studies teacher at Randolph Union High School and the president of the Orange Southwest Education Association union.
“It doesn’t give existing unions any more power,” he said. “It simply enshrines in our constitution the right of people to form unions if they’re willing to put in the work.”
The Orange Southwest Education Association represents around 200 workers in the school district, according to Kelman. Around 120 of those workers are card-carrying members, but the union represents all staff under the contracts it negotiates.
“I think that’s an important distinction, particularly for a debate around Prop 3,” Kelman said. “We’re not a pay-to-play organization.”
Criticisms of Proposal 3 center on so-called “right-to-work” laws, which bar employers from requiring workers to pay union dues as a condition of employment. If passed, Proposal 3 would prohibit the legislature from enacting right-to-work laws in Vermont. Opponents of Proposal 3 argue that such a ban could make Vermont less attractive to businesses considering relocating to the state.
State Sen. Alison Clarkson (D, Windsor) is the chair of the Economic Development, Housing and General Affairs Committee where Proposal 3 was first introduced. Clarkson does not agree with those concerns. She said other states with similar laws have not seen those issues.
“All of the fearmongering that’s going on right now, none of these things have come to pass,” Clarkson said. “They are empty scare tactics that are really, very concerning and frustrating. And I hope Vermonters are able to see through them.”
If passed, Proposal 3 would become Article 23 of the Vermont State Constitution.
Proposal 4 would enshrine equal protection
The second amendment on the ballot, Proposal 4, would prohibit the state from denying equal treatment based on race, ethnicity, sex, religion, disability, sexual orientation, gender identity, gender expression or national origin.
In 2026, Proposal 4 passed the Senate unanimously and passed the House with a vote of 124-18.
Rep. Larry Satcowitz (D, Orange-Washington-Addison) supported the amendment in the legislature.
“This isn’t just an ordinary law,” Satcowitz said.
Satcowitz said he believes the change is long overdue. He also doesn’t expect it to immediately change existing practices or affect White River Valley towns differently from anywhere else in Vermont. He said Proposal 4 would establish equal protection as one of Vermont’s fundamental principles, rather than leaving it to ordinary legislation.
Vermont already has laws protecting people from discrimination, but adding a constitutional right to equal protection strengthens those protections, according to Peter Teachout, a professor of constitutional law at Vermont Law and Graduate School in South Royalton. Teachout said putting these protections in the constitution would make them more difficult for future lawmakers to change.
“What if the composition of the legislature should change in 20 years or 40 years? We want to build these protections in permanently,” Teachout said.
While Teachout supports the amendment, he also raised concerns about how it is written. His biggest concern is the decision to list specific protected characteristics rather than relying on broader language.
“I think constitutional provisions really should be designed to endure for ages to come, and be framed in terms of general principles,” Teachout said.
He pointed to age, weight, and family relationships as examples of characteristics not specifically included in the proposal. Although the amendment begins with a general guarantee
of equal protection, Teachout questioned whether people outside the listed groups would receive the same level of protection.
He also suggested that the amendment could lead to future court cases over how its language applies.
“It’s probably going to be a little bit of a litigation breeder as we go forward, because it’s going to raise all sorts of questions,” Teachout said.
Satcowitz said he wasn’t familiar enough with Teachout’s concerns to offer a detailed response. However, he questioned whether putting these protections into the constitution would create problems that aren’t already an issue under current Vermont law.
Despite his concerns, Teachout stressed that he supports Proposal 4 and does not believe its shortcomings justify rejecting it.
“I’d rather have a flawed equal protection clause in the constitution than no equal protection clause at all,” Teachout said.
If passed, Proposal 4 would also become part of Article 23 in the Vermont State Constitution.
Both amendments will be on the ballot on Nov. 3.