NARAL Pro-Choice America

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State Constitutional Protection

The Vermont Constitution protects the right to choose to a greater extent than the U.S. Constitution. A regulation limiting state medical assistance for abortion to those procedures covered by the federal Medicaid program was struck down under the state constitution because the provision excluded medically necessary abortion services and allowed reimbursement for abortion care only in cases of life endangerment. Doe v. Celani, No. S81-84CnC (Vt. Super. Ct. May 26, 1986). A similar restriction has been upheld by the U.S. Supreme Court under the U.S. Constitution. Williams v. Zbaraz, 448 U.S. 358 (1980).

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