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HJR 36

Relating to Reproductive Healthcare Freedom

2026 Regular Session Introduced by Kayla Young

Establishes a constitutional right to reproductive freedom with health/safety protections, including contraception, fertility treatment, pregnancy continuation, miscarriage care, a

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Bill Summary · HJR 36

Summary of Bill: HJR 36 (2026) – Relating to Reproductive Healthcare Freedom (West Virginia)

Purpose of the Bill

  • Proposes a constitutional amendment to the West Virginia Constitution (Article III, adding a new Section 23) to preserve and protect the right to reproductive freedom with protections for health and safety.
  • The amendment would be put to voters at the 2026 general election for ratification or rejection.

Key Provisions and Changes

  • New constitutional right: Adds a new section, Article III, Section 3-23, titled “The Right to Reproductive Freedom with Protections for Health and Safety.”

    • Subsection (a): Declares that every individual has the right to make and carry out their own reproductive decisions, including: 1) Contraception 2) Fertility treatment 3) Continuing one’s own pregnancy 4) Miscarriage care 5) Abortion
    • Subsection (b): Prohibits the State from burdening, penalizing, prohibiting, interfering with, or discriminating against:
    • A person exercising this right, or
    • A person or entity that assists someone exercising this right
    • This prohibition applies unless the State demonstrates that it is using the least restrictive means to promote the individual’s health in line with widely accepted and evidence-based standards of care.
    • Subsection (b) contains an important exception: abortion may be prohibited after fetal viability, except when a treating physician determines that abortion is necessary to protect the life or health of the pregnant patient.
    • Subsection (c): Defines “fetal viability” as the point at which, in the treating physician’s professional judgment, the fetus has a significant likelihood of survival outside the uterus with reasonable measures, determined on a case-by-case basis.

  • Designation and summary: The amendment would be numbered “Amendment 1” and titled “The Right to Reproductive Freedom with Protections for Health and Safety.” The stated purpose summary is: “Preserving the right to reproductive freedom.”

Who and What Would Be Affected

  • Individuals: Recognition of a constitutional right to make reproductive decisions (including contraception, fertility treatments, pregnancy continuation, miscarriage care, and abortion).
  • Healthcare providers and facilities (and those who assist): Prohibits State action that burdens or discriminates against individuals exercising this right or those who assist them, subject to the least restrictive means and evidence-based standards.
  • State policy and regulation: Any state laws or actions that would burden or restrict the described rights would need to be justified as the least restrictive means to protect health per evidence-based standards.
  • Exceptions: The post-viability abortion prohibition applies, with an exception to protect the life or health of the pregnant patient if a physician determines it is necessary.

Procedural and Timeline Aspects

  • Legislative route: As a joint resolution, it would be sent to voters for ratification, not immediate enactment by the legislature.
  • Election timing: The question of ratification or rejection would be placed on the ballot at the next general election in 2026.
  • Process steps: Introduced February 3, 2026; referred to the House Health and Human Resources Committee, then Judiciary; introduced in the House with Delegate Kayla Young listed as co-sponsor.

Potential Impacts and Considerations

  • Establishes a broad constitutional protection for reproductive decisions, subject to a viability-based exception and physician-based health/safety determinations.
  • Could affect state regulatory actions, criminal penalties, and civil/administrative enforcement related to contraception, fertility treatments, pregnancy, miscarriage care, and abortion.
  • Creates a high level of protection for abortion access up to fetal viability, with life/health exceptions recognized by treating physicians.
  • Any challenges or conflicts with existing state statutes would be addressed through constitutional interpretation and subsequent legislation or judicial review.

If you’d like, I can compare this proposed amendment to West Virginia’s current reproductive health statutes or summarize potential implications for specific stakeholders (patients, providers, insurers, employers).

Compiled from official sources — confirm details with the bill’s official record.

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