Bill > HJR36

This resolution proposes an amendment to the West Virginia Constitution, to be voted on by the public in the next general election in 2026, that would establish a fundamental right to reproductive freedom for every individual. This right encompasses decisions regarding contraception, fertility treatment, continuing a pregnancy, miscarriage care, and abortion. The state would be prohibited from interfering with or penalizing the exercise of this right or those who assist individuals in doing so, unless it can demonstrate that the action is the least restrictive means to protect the individual's health, based on widely accepted medical standards. However, the amendment allows for the prohibition of abortions after fetal viability, which is defined as the point when a fetus has a significant likelihood of survival outside the uterus, determined on a case-by-case basis by a physician. Crucially, even after fetal viability, an abortion cannot be prohibited if a physician deems it necessary to protect the pregnant patient's life or health.

Health and Social Services

http://www.wvlegislature.gov/Bill_Status/Resolution_History.cfm?year=2026&sessiontype=RS&input4=36&billtype=JR&houseorig=H&btype=res