Vermont governor signs bills protecting access to abortion, gender-affirming care 

FILE – Vermont Gov. Phil Scott delivers his State of the State address remotely from the Pavilion office building, Jan. 5, 2022, in Montpelier, Vt. Vermont’s Republican governor signed abortion and gender affirming shield bills into law Wednesday, May 10, 2023, that include protecting access to a medication widely used in abortions even if the U.S. Food and Drug Administration withdraws its approval of the pill, mifepristone. (Glenn Russell/VTDigger via AP, Pool, File)

Vermont Gov. Phil Scott, a Republican, on Wednesday signed into law legislation hailed by LGBTQ rights groups as one of the nation’s most comprehensive transgender and reproductive health care packages. 

Together, Vermont’s House Bill 89 and Senate Bill 37, both of which were signed into law Wednesday by Scott, establish a slate of protections for both providers and seekers of gender affirming health care, as well as those seeking or administering abortions. 

Scott is the second Republican governor to sign legislation explicitly protecting access to gender-affirming health care and abortion into law after former Massachusetts Gov. Charlie Baker (R) signed a similar bill last year

House Bill 89, introduced in January by a group of Democratic legislators including state Rep. Taylor Small, Vermont’s first and only openly transgender lawmaker, declares that access to gender-affirming and reproductive health care is legally protected under Vermont state law. 

“Interference with legally protected healthcare activity, whether or not under the color of law, is against the public policy of this State,” reads the measure, which will take effect in September. 

House Bill 89 additionally shields individuals seeking either gender-affirming health care or an abortion, as well their doctors, from civil or criminal litigation in another state if either service is administered in Vermont. 

Eighteen states have enacted laws or policies that ban gender-affirming health care for transgender youth, according to the Movement Advancement Project, including 15 that have done so this year. In three states, administering gender-affirming health care to a minor is a felony crime, punishable by up to a decade in prison. 

At least 13 states have enacted laws or policies that ban abortion, according to the Guttmacher Institute, a sexual and reproductive health and rights organization. 

Under the second bill signed Wednesday by Scott, Senate Bill 37, health insurers in Vermont are required to provide coverage for gender-affirming and reproductive health care. The measure, which will also take effect in September, provides additional protections for doctors against disciplinary action or increased malpractice insurance premiums for administering either service. 

In a brief statement on Wednesday, Scott said both bills reflect the state’s commitment to preserving bodily autonomy. 

“Today, we reaffirm once again that Vermont stands on the side of privacy, personal autonomy and reproductive liberty, and that providers are free to practice without fear,” he said. 

Tags Charlie Baker Phil Scott

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