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Civil rights advocates urge lawmakers to add equal protection clause to Vermont Constitution

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Civil rights advocates urge lawmakers to add equal protection clause to Vermont Constitution


As marginalized populations ponder the future of civil liberties under a U.S. Supreme Court that’s already reversed abortion rights and affirmative action policies, the Legislature is looking to strengthen anti-discrimination laws in Vermont by adding an equal protection clause to the state’s constitution.

The Senate late last month unanimously advanced a proposed constitutional amendment, known as PR.4, that would guarantee “equal treatment under the law” for nine protected classes, including race, sex, disability, gender identity and sexual orientation.

The proposal is scheduled for a House vote this week. If both chambers of the Legislature approve the measure again during the next legislative biennium, then Vermont voters will decide whether to ratify the amendment in the 2026 general election.

“The Vermont Constitution is the foundation of all Vermont law and all state government action,” said Big Hartman, executive director of the Vermont Human Rights Commission. “We believe our constitution should absolutely contain equal rights protections explicitly.”

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Vermont’s motto is “Freedom and Unity.” But nowhere in the state’s constitution are there any prohibitions against discrimination based on a person’s race, sex, religion or other characteristics.

Civil rights advocates have been working for years to change that. And the campaign is gaining steam, due in part to growing concerns about landmark decisions coming out of a U.S. Supreme Court now controlled by a conservative majority of justices.

“Adding an equal protection clause to the Vermont Constitution would allow Vermont to develop its own homegrown, more robust protection of people from discrimination.”

Peter Teachout, Vermont Law School

In the 2022, the Supreme Court overturned Roe v. Wade. In 2023, the court issued a ruling that ends affirmative action policies in college admissions. The court has issued similarly controversial decisions related to voting rights and tribal sovereignty.

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Rev. Mark Hughes, the executive director of the Vermont Racial Justice Alliance, told Vermont Public that the court’s rulings force an urgent conversation about what the future is going to look like for groups whose rights and liberties hinge on the court’s interpretation of the federal constitution.

“Since we’re having this conversation, it’s important to ask ourselves the question, ‘Is there any way that the state of Vermont can extend the protection of its citizens, particularly those in marginalized communities, given the political climate that we’re actually in right now?’” Hughes said.

Sophie Stephens

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Windham Sen. Nader Hashim, speaking during a Senate debate last week, said the proposed amendment would prevent future legislatures from enacting discriminatory laws and policies.

The Vermont Racial Justice Alliance, the Vermont Commission on Women and the Vermont Office of Racial Equity all say the state can and should extend protections to those communities. And they say Vermont can accomplish the task by amending its constitution.

Just as Vermont voters added a reproductive liberty amendment to the state constitution after the overturning of Roe. v. Wade, Hughes said, the state now needs a similar safeguard against discrimination.

The Vermont Racial Justice Alliance led the campaign for an amendment in 2022 that repealed constitutional language stating that a person could be held as a “servant, slave or apprentice … for the payment of debts, damages, fines, costs or the like.”

“Addressing systemic racism … requires a comprehensive approach that includes legal, legislative, social, cultural and other efforts to promote equity, justice and equality for all,” Hughes said. “This is not a silver bullet. It’s not going to do it by itself. It’s one of many tools.”

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The proposed amendment would make clear that the state “shall not deny equal treatment under the law on account of” certain protected characteristics. The nine classes named in the provision advanced by the Senate are race, ethnicity, sex, religion, disability, sexual orientation, gender identity, gender expression and national origin.

“This has been a very, very long time coming.”

Cary Brown, Vermont Commission on Women

Neither legal experts nor advocates think the amendment would have any significant impact immediately upon ratification. But they say it could inform and influence court decisions over time in ways that mitigate racial and gender inequality.

That’s because it would give state courts a new touchstone for discrimination cases that come before them in the future, according to Peter Teachout, a professor at Vermont Law School who specializes in constitutional law.

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Teachout said the proposed amendment could give Vermont’s Supreme Court the latitude to arrive at decisions that they wouldn’t necessarily get to if they were relying exclusively on the 14th Amendment in the U.S. Constitution, or Article 7 of the Vermont Constitution, which is the language courts often look to when considering the merits of equal protection claims.

“States can provide protections, greater protections, against discrimination than the Supreme Court has held the 14th Amendment provides against discrimination,” Teachout said. “Adding an equal protection clause to the Vermont Constitution would allow Vermont to develop its own homegrown, more robust protection of people from discrimination than you find in Supreme Court decisions today.”

Teachout, however, said the proposed amendment is not a failsafe against the sorts of outcomes people such as Hughes are worried about. If the U.S. Supreme Court, for instance, rules that college admissions policies can’t give weight to someone based on their race, then Vermont courts can’t issue rulings that contradict that precedent.

Where federal supremacy isn’t in play, Teachout said, the amendment could play a substantive role in shaping legal decisions.

And Windham County Sen. Nader Hashim, a Democrat, said it protects against a dystopian future in which Vermont’s Legislature is controlled by people who would seek to roll back the rights of protected classes enumerated in the amendment.

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“I don’t know what the future holds. I don’t know who will be sitting here in 50 years or 100 years, and I don’t know what their beliefs might be,” Hashim said. “But I do know with a strong conviction that I don’t want to witness a future in my lifetime or future generations’ lifetimes in which government can pass or enforce laws that discriminate and cause division among Vermonters.”

Cary Brown, executive director of the Vermont Commission on Women, said the proposed amendment is the culmination of a decades-long campaign that began as a push to get an equal rights amendment in the U.S. Constitution.

“This has been a very, very long time coming,” Brown said.

Though the national equal rights campaign has stalled, a majority of states have since added equal protection clauses to their state constitutions. Brown said she hopes Vermont’s version will change the standard of review used by courts in assessing discrimination claims.

“Under existing sex discrimination laws, the burden of proof rests with the victim … but with this amendment, that could change the presumption of constitutionality of laws that use sex or any of the other listed classifications to treat people differently,” she said. “And the burden of demonstrating they’re constitutional would shift to the state, which would be a significant improvement.”

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Ben & Jerry’s Foundation says it will shut down amid legal dispute with parent company – VTDigger

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Ben & Jerry’s Foundation says it will shut down amid legal dispute with parent company – VTDigger


Two patrons enter the Ben & Jerry’s Ice Cream shop on Church Street in Burlington. File photo by Charles Krupa/AP

The Ben & Jerry’s Foundation says it will shut down at the end of the year after its corporate parent cut off funding and evicted its three staffers Wednesday. The move leaves $600,000 a year in grants to Vermont organizations, and 40 years of the ice cream brand’s progressive mission, hanging on a judge’s future ruling.

“This is the other foot dropping in terms of the way Magnum is trying to destroy the social values of Ben & Jerry’s,” said Ben Cohen, co-founder of Ben & Jerry’s Homemade, in an interview Wednesday.

The Vermont-based iconic ice cream brand has been in a legal fight with its parent company, The Magnum Ice Cream Co. — an ice-cream spinoff of the larger corporation Unilever — since November 2024. Ben & Jerry’s alleges that the corporation overreached its control, pushing out the CEO and interfering with the brand’s political views. The question before a judge is whether the corporate parent had the authority to reshape governance and withhold funding from the foundation. 

Amid the push-and-pull over governance, Unilever audited the foundation, which is the philanthropic arm of Ben & Jerry’s, in April 2025, finding conflicts of interest and a lack of governance and financial control. 

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Liz Bankowski, president of the foundation’s board of trustees, said in an interview that Unilever withheld the philanthropy’s funding late last year and ordered foundation staff to vacate its corporate office in South Burlington by July 15 because of governance issues the audit raised. This led the foundation’s leaders to join the ongoing lawsuit, fought by the ice cream brand’s independent board, in an effort to retain funding. The lawsuit is pending in the U.S. District Court for the Southern District of New York. 

While the foundation’s leadership is framing the decision to cease operations as the only option after Unilever withheld funding, an unnamed spokesperson for Magnum wrote in a statement to VTDigger that the shuttering is “entirely down to the Trustees and their decision to ignore the findings of an independent audit and failure to put in place basic good governance; much to our dismay.” 

Since the audit, the foundation has adopted a conflict of interest policy, but “the bottom line was that unless we changed our board, they were going to continue to withhold funding,” Bankowski said.  

Cohen described the audit as “a bunch of trumped-up charges.” 

“The foundation has been independently audited every year,” he said. “I think that Magnum was searching in vain for some illegal or unethical activities. I think they found none.” 

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Since Ben & Jerry’s sold the ice cream business to Unilever in 2000, the corporation has given $60 million to the foundation. The philanthropic arm has operated for 40 years, supporting the ice cream brand’s progressive mission by offering financial backing to social justice organizations across the country. The foundation does not have an endowment and is reliant on the funding its parent company gives annually, outlined in its merger contract.

A chunk of that funding, $600,000 a year, goes to Vermont organizations such as the immigrant farmworker rights organization Migrant Justice and the LGBTQ+ nonprofit Outright Vermont, according to foundation leaders. 

“We fill a particular niche that not a lot of other funders fill,” said Rebecca Golden, the foundation’s director of programs, who has worked at the organization for 34 years. 

Golden is one of three foundation staffers whose last day in the physical office is Wednesday, following orders from Magnum to vacate. Although Magnum did not directly address its vacate order in its statement to VTDigger, the spokesperson wrote that the foundation’s leaders recently “took the position that its staff are not Ben & Jerry’s employees, despite utilising Ben & Jerry’s offices and systems.”

Golden described the possible shutdown as an “enormous loss” that will not only affect the organizations that the foundation supports but also Ben & Jerry’s employees who “feel very proud of being a part of the foundation.” 

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“It’s been a really long year, so there’s been a lot of emotions — the whole gamut, as we like to say of the seven stages of grief. But I think at this point we’re sort of in the acceptance phase,” she said. 

The Magnum spokesperson indicated that the work of the foundation will continue even if its leaders decide to cease operations at the end of the year, writing that the company is “firmly committed to funding a grant-giving foundation, supported by appropriate governance controls to ensure it is living by its values.”

But Cohen is not confident that Magnum will uphold the values of the Ben & Jerry’s Foundation in the corporation’s continued philanthropic efforts. 

“What are they going to fund? I have no idea. My guess is that they would not be looking to fund entities that are opposed to the status quo,” Cohen said.

The foundation’s leaders have pointed to its support of Migrant Justice during a period when the farmworker organization was considering a boycott of Ben & Jerry’s as an example of their commitment to social justice. After immigrant farmworkers raised concerns about working conditions at farms supplying Ben & Jerry’s, the company joined a program that collaborates with farmworkers to strive for fair working conditions. 

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Political activism has been central to the Ben & Jerry’s brand since its founding. As a part of the ongoing lawsuit, Ben & Jerry’s alleged in a May filing that Magnum has been undercutting its social justice mission in order to “censor, intimidate and purge” the company’s independent board, which Cohen said was created to defend its progressive values. 

Three of the board’s members, including one who has been an outspoken critic of Israel, were removed late last year after the parent corporation introduced a new set of governance practices. In its motion to dismiss the lawsuit, Magnum argues that it retains ultimate authority and the brand’s social mission must be nonpartisan.  

As the lawsuit awaits a decision, Cohen, who is not a part of the suit, has created a campaign to “free Ben & Jerry’s,” amassing around 160,000 signers for its petition demanding that Magnum sell Ben & Jerry’s to a “group of values-aligned investors.”   

“The very values-led business model that built Ben & Jerry’s into this amazing, phenomenal brand is the very thing that Magnum is currently destroying,” Cohen said.





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Hazy, hot, and humid: Wildfire plumes give southern Vermont skies an odd glow

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Hazy, hot, and humid: Wildfire plumes give southern Vermont skies an odd glow


SOUTHERN VERMONT — A thick veil of wildfire smoke high in the atmosphere is transforming the sky over our local Bennington and Windham Counties this week – casting an eerie glow, muting the sun, and leaving air quality in the moderate range – even as temperatures and humidity remain oppressive.

According to federal forecasters, the hazy and particulate-laden sky and unusual colors are the result of smoke from more than 830 active wildfires burning across Canada and northern Minnesota, funneled into New England by the jet stream and trapped over the region by stubborn weather patterns.

What people are seeing, and why the sky looks so strange

Over the course of Wednesday, residents across Southern Vermont reported the sky shifting from orangey‑yellow to umber to violet hues tinged with pink, with a yellow cast over the landscape and a deep red or dark orange sun, especially nearest to sunrise and sunset.

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On a normal and clear day in Southern Vermont, tiny molecules in the atmosphere scatter mostly blue light, which is why the sky appears blue.

However, this week, the air is filled with larger particulate matter from wildfire smoke, which scatters longer wavelengths of light – oranges and reds – in a process known as Mie scattering (pronounced “mee,” and named after physicist Gustav Mie who first published the mathematical description of this weird-looking light-scattering phenomenon).

Due to Mie scattering, the sky can appear milky white, with sepia tones, or faintly pink‑violet, instead of blue. The sun may appear like a dark orange or red disk, especially when low to the horizon, and sunlight at ground level feels weaker and more filtered, as if being viewed through rose-tinted glasses. And these are the effects that we are currently experiencing.

Where the smoke is coming from, and how it travels

Federal agencies have reported that more than 800 wildfires are burning in Canada, with additional fires in northern Minnesota near the Canadian border. Many of these are large, and burning through dense boreal forests with little or no containment.

These blazes have triggered evacuations at their locales and in the surrounding areas, and are attributed to areas experiencing intensive drought.

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The smoke created from these wildfires reaches Vermont through a series of atmospheric steps.

The jet stream’s “conveyor belt” of high‑altitude winds scoop up smoke from the Central Canada region and carry it southeast across the Great Lakes and into New England.

A high‑pressure “lid” forms, where a strong high‑pressure system causes air to sink (a process known as subsidence) which then presses some of the elevated smoke closer to the surface.

A stalled weather pattern can occur, where slow‑moving systems over Canada and the Northeast keep the flow of smoke aimed at the region instead of sweeping it quickly away.

These patterns mean that – even though the fires are hundreds of miles away – fine particulate matter (PM2.5) from those blazes is now suspended over Vermont and neighboring states.

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Local air quality: Moderate, with cautions for sensitive groups

On Wednesday, air quality in Bennington and Windham Counties sat in the “moderate” category, with the Air Quality Index (AQI) fluctuating roughly between the low‑50s and high‑90s. This was driven primarily by PM2.5 from the presence of wildfire smoke.

In practical terms, most healthy adults can go about their normal routines outdoors. However, more sensitive groups – older adults, children, people with asthma, COPD, or heart disease – are advised to limit prolonged or heavy exertion outside, especially during the haziest periods.

Those with prolonged exposure may notice throat irritation, mild coughing, or even eye discomfort – particularly during intense exercise.

Residents can track real‑time conditions using the federal AirNow “Fire and Smoke Map” and Vermont‑specific dashboards, which show localized AQI readings as plumes shift during the day on Thursday.

How the smoke is affecting storms, heat, and humidity

The same smoke that is changing the sky’s color is also subtly reshaping the weather over Southern Vermont.

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Forecasters note several key effects. These include solar dimming, where smoke particles in the upper atmosphere scatter and absorb sunlight, acting as a partial sunblock. This can shave a few degrees off daytime highs, compared with what might otherwise occur under clear skies.

It can also include “capping inversion.” By warming the air aloft, the smoke can create a “cap” – a warm layer that suppresses rising air. This can weaken thunderstorms, even when surface heat and humidity are high.

Another key effect is cloud microphysics, where extra smoke particles provide millions of tiny surfaces for water vapor to cling to, producing many “very tiny” droplets rather than fewer larger raindrops. These smaller droplets don’t fall as easily, which can reduce heavy rainfall and the actual structure of a storm.

For example, on Tuesday night, Southern Vermont sat under extremely high humidity fueled by warm southerly winds pulling tropical moisture up the East Coast ahead of a cold front. Under normal conditions, that setup could have produced stronger thunderstorms. Instead, wildfire smoke likely muted the intensity of those expected storms, leaving the region with more of a muggy “soupy” feeling than the explosive severe weather that many expected.

Short‑term outlook for southern Vermont

Through Wednesday and into Thursday, forecasters expect the following for our Southern Vermont region:

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  • Sky conditions – Persistent haze and milky skies, with periods of thicker smoke as the plumes shift southward and then rise again. The sun may remain reddish or orange at times.
  • Temperatures and humidity – Highs in the mid‑80s, with oppressive humidity at times, especially ahead of the next cold front.
  • Air quality – AQI values are forecast to remain in the moderate range, occasionally bordering on “unhealthy for sensitive groups” during heavier smoke intrusions (these are expected through Thursday).
  • Showers and storms – As another cold front approaches us on Thursday, scattered showers are expected with isolated downpours and localized “non‑severe” thunderstorms. (Smoke may again limit storm strength somewhat.)

By Friday, higher pressure and drier air are expected to build in from the west, bringing more seasonable temperatures in the upper 70s to mid‑80s, lower humidity, and improved air quality – though some high‑level haze may linger.

For now, we will continue to look at our landscape through our “rose-colored” glasses.



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Severe Thunderstorm Watch in effect for Vermont, New York & New Hampshire Tuesday night

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Severe Thunderstorm Watch in effect for Vermont, New York & New Hampshire Tuesday night


The National Weather Service has issued a Severe Thunderstorm Watch for northern and central Vermont, New York’s North Country and northern New Hampshire until 4 a.m. Wednesday. Storms Tuesday night into Wednesday could contain damaging wind gusts up to 70 mph, hail up to two inches in diameter, frequent lightning and torrential downpours. A tornado or two is possible, but not guaranteed.



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