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

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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.

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