HJR 36 West Virginia House of Delegates · 2026 Regular Session

Relating to Reproductive Healthcare Freedom

HJR 36 is a constitutional amendment proposal (not a regular bill) that would add a new section to West Virginia's Constitution guaranteeing reproductive rights. It states that every individual has the right to make decisions about contraception, fertility treatment, pregnancy, miscarriage care, and abortion, with the state prohibited from interfering unless using the least restrictive means for health. The amendment allows abortion restrictions after fetal viability (when a fetus can survive outside the womb with medical care) only if a physician determines it's necessary to protect the patient's life or health. This proposal requires voter approval in the 2026 general election to become part of the state constitution.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 3, 2026 Last action Feb 3, 2026
Floor votes

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Full legislative history

Actions timeline

Total actions
4
Key actions
0
Committee
2
Feb 3, 2026
Committee
To House Health and Human Resources
lower
Feb 3, 2026
Introduced
Introduced in House
lower
Feb 3, 2026
Committee
To Health and Human Resources then Judiciary
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Kayla Young
Kayla Young
DDemocratic
WV
56