World 042722

STATE OF VERMONT
SUPERIOR COURT
WASHINGTON UNIT
PROBATE DIVISION
Case No. 22-PR-01862
RE: ESTATE OF
JOY STOWELL
Late of Calais, Vermont
Notice To Creditors
To the creditors of the
Estate of Joy Stowell
Late of Calais, Vermont
I have been appointed personal
representative of the above-named
estate. All creditors having claims
against the estate must present
their claims in writing within 4
months of the date of publication
of this notice. The claim must be
presented to me at the address listed
below with a copy filed with the
register of the Probate Court. The
claim will be forever barred if it is
not presented as described above
within the four-month deadline.
Dated: April 19, 2022
Signed:
David A. Otterman, Attorney
For Sara Stowell, Executrix
c/o David A. Otterman, Esq.
Otterman and Allen, P.C.
P.O. Box 473
Barre, VT 05641
Name of Publication: The WORLD
Publication Date: April 27, 2022
Address of Probate Court:
Washington District Probate Court
65 State Street
Montpelier, VT 05602
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page 14 The WORLD April 27, 2022
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• • •
Prop 5/Article 22 Is a Can of Unintended Consequences
By Norman C. Smith, Esq.
This November, Vermonters will be asked to vote on
whether or not to amend our state constitution to add language
creating a right to “personal reproductive autonomy.” This
amendment is called Proposal 5 (it would add Article 22 to the
Vermont Constitution) and is being hyped by politicians and
the media as a means of protecting at the state level the abortion
rights conferred by Roe v. Wade at the federal level. This
is inaccurate, and, from a legal standpoint, dangerously so.
Before we get into the details of why Proposal 5 is a legal
disaster, here is a bit about where I’m coming from. I received
my law degree from the Boston University School of Law in
1980 and clerked for Albert W. Barney, Jr., (1980 – 81) who
was then Chief Justice of the Vermont Supreme Court. I have
much experience with constitutional law and arguing cases
before the Vermont Supreme Court.
Proposed Article 22 is one sentence, but it is important to
read it verbatim:
“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.”
As you can see for yourself, this language is vague, and the
concepts are undefined.
Oddly, for a measure ostensibly to support a woman’s right
to an abortion, the proposed Article 22 never mentions
“women,” “abortion,” or “pregnancy.” This should raise some
serious red flags. What are the implications that a man now
has a right to personal reproductive autonomy equal to that of
the woman?
That the language fails to define “Personal Reproductive
Autonomy” is a major problem. This term is not defined in
Vermont or federal law and is so open-ended it could mean
many things. If it was meant to protect abortion rights, it
should have said so. If it is intended to protect other “reproductive
rights,” it should have spelled them out. Because it is
so vague, we don’t know what the repercussions of Article 22
will be.
We do not know what medical procedures may become
available in the future, or what science may reveal. The proposed
Amendment could prevent, or at least make very difficult,
the Legislature’s adoption of appropriate laws and regulations
applying to them. To pass any type of regulation
involving “Personal Reproductive Autonomy,” the State must
have a “compelling State Interest” and the regulation must be
“achieved by the least restrictive means.”
• • •
For example, would a right to “reproductive autonomy”
allow parents to genetically manipulate their offspring to create
“designer babies?” Or abort babies because genetic testing
detects possible future traits, such as sexual orientation?
Would it allow human cloning for reproductive purposes?
Will the proposed amendment open the door to a modern-day
form of eugenics? These are all areas where the Legislature
may wish to adopt rules and regulations setting forth standards
which may need to be met, or even prohibitions. Would
the State have a “compelling State interest” to adopt such
regulations? We do not know how the Vermont Supreme
Court would rule. The Court generally looks at these on a
case-by-case basis.
Furthermore, from a social policy standpoint, would a
minor girl’s right to “personal reproductive autonomy” be
“infringed” if she were prohibited from having sexual relations
with her chosen partner who is an adult. Conversely,
could her partner be prohibited from having sexual relations
with her?
Commercially, would the proposed Amendment open the
door to legalized trafficking in gestational surrogacy, to selling
embryos for fertility procedures, or to creating embryos
for medical experimentation?
While you’re considering all those possibilities, consider
this too: if the purpose of the proposed Amendment is to protect
Roe v. Wade abortion rights, it is completely unnecessary.
If the US Supreme Court were to overturn Roe v. Wade, that
decision would leave to the States the adoption of laws and
regulations regarding abortion. In 2019, the Legislature
passed Act 47, which guarantees women’s unlimited access to
abortion up to the point of birth! (Unlike the proposed
Amendment, Act 47 specifically spells this out.) So, we’ve
already got the “What if they repeal Roe?” card covered.
Ironically, the proposed Amendment could actually undermine
the protections for women provided in Act 47, depending
upon how a court interprets a man’s right to “personal
reproductive autonomy” where it comes into conflict with a
woman’s. Why risk this?
From a legal and Constitutional standpoint, the proposed
Amendment fails all tests. It is not clear. It leaves the term
“Personal Reproductive Autonomy” undefined. As a result, it
does not provide certainty and opens a legal can of worms
limited only by the cleverest lawyers’ imaginations and the
willingness of deep pocketed activists to fund their lawsuits. I
urge my fellow Vermonters to vote NO on the proposed
Article 22 when you cast your ballots this November.
Statement of Lt. Governor Molly Gray on Voter Participation in
the August 2022 Primary Election
• • •
Lt. Governor Molly Gray released the following statement
on voter participation in the August 2022 Primary Election:
“With COVID still posing health and safety risks to Vermonters,
I’ve heard confusion from voters who believe that
the vote-by-mail procedures applicable to the 2020 General
Election apply to the upcoming August Primary.
I want to clarify for Vermonters, that at this time, the legislature
has not approved universal vote- by-mail for primary
elections in Vermont. State election laws and procedures are
the purview of the Vermont legislature.
I want to inform Vermonters wishing to vote from home
(absentee or early voting) that at this time you must request
a ballot. Vermonters may do so by visiting the website of the
Vermont Secretary of State, available here: https://sos.vermont.gov/elections/.
Questions about voting may be directed
to a town clerk or to the Elections Division of the Vermont
Secretary of State at sos.elections@vermont.gov or by calling
800-439-VOTE.
I agree with the Vermonters I’ve heard from, that we need to
make vote-by-mail possible for primary elections in Vermont.
In 2020, because of the tremendous leadership of our Vermont
Secretary of State Jim Condos and his staff, we saw record
voter turnout in both our primary and general elections.
We need to ensure Vermonters have every tool to safely participate
in the August 2022 Primary. The legislature has my
full support in taking steps to fully authorize and fund voteby-mail
for the August 2022 Primary.”