The resolution expresses the position of the West Virginia Legislature that unborn children should be recognized as legal and constitutional persons entitled to equal protection under the law. It references foundational documents such as the Declaration of Independence and the Fourteenth Amendment, arguing that these texts affirm the right to life and the equal protection of all individuals, including the unborn. The resolution cites historical legal precedents and the intent of the framers of the Fourteenth Amendment, emphasizing that unborn children have moral and legally protectable interests in life, health, and well-being. It also highlights the existence of fetal homicide laws in many states, including West Virginia, which recognize the unborn as victims of crime.
Furthermore, the resolution calls for the United States Congress to enact legislation that enforces the Fourteenth Amendment's guarantee of equal protection for unborn children nationwide and urges the Supreme Court to acknowledge the rights of unborn children. It defines "unborn person" or "unborn child" as any human offspring from fertilization or cloning until live birth. The resolution concludes by directing the Clerk of the House to send a copy to West Virginia's Congressional delegation, reinforcing the state's commitment to protecting the rights of the unborn.