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 health and safety protections. 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. It also stipulates that the state cannot impose burdens or penalties on individuals exercising these rights or on those assisting them, except in cases where the state 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 that health and safety standards are upheld. The amendment defines "fetal viability" and includes exceptions for abortion when necessary to protect the life or health of the pregnant individual, thereby balancing individual rights with state interests in health care.