Shield laws and reproductive justice

Attacks on Roe have gutted our federal government’s former protections on reproductive healthcare from abortion to gender-affirming care and birth control. 

Many people who seek abortions— surgical or pill-induced— face the drastic threat of several years in prison and, in some cases, over $10,000 in fines. 

Vermont has a unique obligation to ensure maximum protections for abortion-providers in our state as well as for individuals seeking such care.

Introduced this week was H.89, a bill seeking to do just that. This bill, consisting of what is referred to as “shield laws,” seeks to redefine legally protected health care to include reproductive health care as well as gender-affirming health care. This would bring on a new set of protection by constructing a firewall around the state of Vermont that would protect us from evolving federal legislation. 

People from out of state can get access to all reproductive healthcare and cannot be penalized from within their state if they are within Vermont state lines. Once folks leave, Vermont providers and our laws will protect the information of those who receive care. Having had an abortion in Vermont does not spare you from persecution out-of-state, but H.89 protects Vermont authorities from any obligation to comply with resulting investigation. In other words, what happens in Vermont stays in Vermont.

Often called “shield laws,” similar legislation outlining the most robust legislation in this area since the overturn of Roe v. Wade was signed into law last week in Massachusetts. Vermont and other relatively progressive states must follow suit. While state policy stands in the way of passing legislation as thorough as Massachusetts, it is urgent that we offer, to the best of our ability, this critical care to folks seeking abortion and gender-affirming health care here in the Green Mountain State. 

We thank Rep. Taylor Small for her leadership in crafting this legislation, and we are hopeful in her ability to gather the votes necessary to be signed into law.

Even with shield laws likely to be in place soon, Vermonters still see “Crisis Pregnancy Centers” (CPCs) scattered throughout the state. Deceptive and dangerous, these facilities prey on vulnerable pregnant people seeking to defer them from seeking abortions or other reproductive care. Such centers utilize false advertising about the services they provide and then, once they entice someone seeking reproductive health care, aim to convince them otherwise. One additional piece includes making sure Vermonters can access abortion and reproductive care regardless of economics. Keep an eye out for more legislation from Progressives to regulate CPCs and provide practical support to access abortion care. 

Next week, the Progressive House Caucus will hold our Public Caucus on the topic of H.89 and Shield Laws. Join us as we meet with VT Access for Reproductive Freedom, Planned Parenthood of Northern New England, and the DSA Reproductive Freedom Working group. Join us online or at Pavilion 270 next to the State House in Montpelier at 12 noon on Tuesday, January 31st for this important discussion. A facebook post with more details and an overview of Shield Laws can be found here.

As we fight for access to reproductive healthcare, people in Vermont and across the country do not have access to primary care. Reproductive health care is a human right. Primary care and mental health services are human rights. Dental health care is primary care. When facing a constant onslaught of threats to our rights as humans, fear creeps in more often than is comfortable. Showing up for our neighbors is as critical now as it’s ever been.