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1985-1989 Vermont Attorney General Reports and Opinions 1 (1985-1989)

handle is hein.sag/sagvt0040 and id is 1 raw text is: -1T T 1)  -!jE I V
OrPUTY ATTORNEY GENERAL
WILLIAM E.GRIFFIN
CHIEF ASST. ArTOuNtY GENERAL

STATE OF VERMONT
OFFICE OF THE ATTORNEY GENERAL
19 STATE STREET
M0NTPE LIA
05602
yTEL.. 902*428-3171

MEMORANDUM                             Office of Attorney General
TO:     MEMBERS OF THE SENATE JUDICIARY COMMITTEE
FROM:   JEFFREY L. AMESTO     torney General
RE:     ERA AND SEXUAL PREFERENCE
DATE:   January 30, 1985

The question has been put as to whether the proposed Equal
Rights Amendment's prohibition against discrimination on
account of a person's sex' Vould also constitutionally prohibit
discrimination on the basis of an individual's sexual
preference.
In my opinion, the ERA as presently drafted would forbid
only gender based discrimination under state law. Principles of
statutory construction are applicable to interpreting the
.Constitution in order to ascertain and give affect to the intent
and purpose of the authors and the people who adopted it. 16
C.J.S., Constitutional Law SS15, 16. Undefined statutory terms
are to be given their plain and commonly accepted meaning.
Maurice Callahan and Sons, Inc. v. Armstrong, 125 Vt. 213
(1965). In the event of any ambiguity, the history and
derivation of the legislative act should be examined. In re
James, 99 Vt. 265 (1926). '