The resolution proposes an amendment to the Constitution of the State of West Virginia, specifically adding a new section to Article III, which is focused on the right to reproductive freedom with protections for health and safety. This amendment, designated as "Amendment No. 1," aims to ensure that every individual has the right to make their own reproductive decisions, including choices related to contraception, fertility treatment, pregnancy continuation, miscarriage care, and abortion. The state is prohibited from burdening or discriminating against individuals exercising these rights, except in cases where it can demonstrate the use of the least restrictive means to protect health, with specific provisions regarding abortion after fetal viability.
The resolution mandates that the proposed amendment be submitted to voters during the next general election in 2026. It emphasizes the importance of preserving reproductive rights while ensuring health and safety protections, and it defines "fetal viability" in the context of medical judgment regarding the likelihood of a fetus's survival outside the uterus. The summary of the amendment's purpose is to safeguard reproductive freedom within the state, reflecting a commitment to individual rights in reproductive health decisions.