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HJR 25

Relating to the right to reproductive freedom with protections for health and safety

2025 Regular Session Introduced by Evan Hansen and 1 co-sponsor

HJR 25 aims to enshrine reproductive rights in West Virginia's Constitution, ensuring individuals can make personal health decisions without state interference.

To House Health and Human Resources
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Bill Summary · HJR 25

Summary of House Joint Resolution 25 (HJR 25)

Bill Information:
- Bill Number: HJR 25
- Title: Relating to the right to reproductive freedom with protections for health and safety
- Status: To House Health and Human Resources
- Introduced: March 26, 2025
- Classification: Joint Resolution

Purpose and Intent

House Joint Resolution 25 (HJR 25) proposes an amendment to the Constitution of the State of West Virginia, aimed at safeguarding the right to reproductive freedom. This resolution seeks to ensure that individuals have the autonomy to make decisions regarding their reproductive health, while also establishing protections for health and safety.

Key Provisions

The proposed amendment would add a new section, designated as Section 23, to Article III (Bill of Rights) of the West Virginia Constitution. The key provisions include:

  1. Right to Reproductive Decisions:

    • Every individual has the right to make and implement their own reproductive choices, which encompass:
      • Contraception
      • Fertility treatment
      • Continuing a pregnancy
      • Miscarriage care
      • Abortion

  2. State Restrictions:

    • The state is prohibited from burdening, penalizing, prohibiting, interfering with, or discriminating against:
      • An individual's voluntary exercise of reproductive rights
      • Any person or entity assisting in the exercise of these rights
    • Any state interference must be justified by demonstrating the use of the least restrictive means to promote individual health, adhering to widely accepted medical standards.

  3. Fetal Viability:

    • Abortion may be restricted after the point of fetal viability, defined as the stage when the fetus has a significant likelihood of surviving outside the uterus, as determined on a case-by-case basis by the treating physician.
    • Abortions cannot be prohibited if deemed necessary by the physician to protect the life or health of the pregnant individual.

Impact

This resolution is expected to impact:
- Individuals: It affirms the rights of individuals to make personal reproductive choices without undue state interference.
- Healthcare Providers: Medical professionals will have clearer guidelines regarding the provision of reproductive health services, including abortion.
- Legal Framework: Establishes a constitutional basis for reproductive rights in West Virginia, potentially influencing future legislation and legal challenges related to reproductive health.

Procedural Aspects

  • The resolution was introduced on March 26, 2025, and has since been referred to the House Health and Human Resources Committee.
  • If passed, the amendment will be submitted to voters for ratification or rejection in the next general election scheduled for 2026.

Conclusion

HJR 25 represents a significant legislative effort to enshrine reproductive rights within the West Virginia Constitution, reflecting ongoing national discussions about reproductive freedom and health care access. The resolution aims to provide individuals with the autonomy to make informed decisions regarding their reproductive health while ensuring that state regulations do not infringe upon these rights.

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

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