The resolution proposes an amendment to the Constitution of the State of West Virginia, specifically adding a new section, designated as section 23, to Article III, which addresses the right to reproductive freedom with specific protections for health and safety. This amendment would affirm that every individual has the right to make their own reproductive decisions, including choices related to contraception, fertility treatment, continuing a pregnancy, miscarriage care, and abortion. It also stipulates that the state cannot burden or discriminate against individuals exercising these rights or those assisting them, unless it can demonstrate that it is using the least restrictive means to protect the individual's health according to accepted medical standards. Notably, the amendment allows for the prohibition of abortion after fetal viability, except when necessary to protect the life or health of the pregnant individual.
The resolution further outlines that the proposed amendment will be submitted to voters during the next general election in 2026, and it will be officially designated as "Amendment 1," titled the "Right to Reproductive Freedom with Protections for Health and Safety Amendment." The summarized purpose of this amendment is to preserve the right to reproductive freedom while ensuring health and safety protections are in place.