Right to Reproductive Freedom with Protections for Health and Safety Amendment

This Senate Joint Resolution proposes adding a constitutional amendment to West Virginia's Bill of Rights, guaranteeing individuals the right to make reproductive decisions - including contraception, fertility treatment, pregnancy continuation, miscarriage care, and abortion - without state interference. The amendment prohibits the state from restricting these rights unless it uses the "least restrictive means" to protect health, with abortion allowed after fetal viability only when necessary to protect the patient's life or health, as determined by a physician. It defines "fetal viability" as the point a fetus can survive outside the womb with medical care, assessed case-by-case by a treating physician. The amendment requires voter approval in the 2026 general election to take effect.