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SJR 7

Right to Reproductive Freedom with Protections for Health and Safety Amendment

2026 Regular Session

Establishes a constitutional right to reproductive decisions (contraception, fertility treatment, pregnancy, miscarriage care, abortion) with health, safety, and least-restrictive-

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Bill Summary · SJR 7

Summary of Bill: Senate Joint Resolution 7 (SJR 7) – Right to Reproductive Freedom with Protections for Health and Safety Amendment

Purpose and intent

  • SJR 7 proposes a constitutional amendment in West Virginia to enshrine a right to reproductive freedom with health and safety protections.
  • The amendment would be placed before voters at the 2026 general election.
  • If approved by voters, the amendment would be numbered Amendment 1 to Article III (Bill of Rights) of the West Virginia Constitution, and its stated purpose is to “preserve the right to reproductive freedom with protections for health and safety.”

Key provisions and changes proposed

  • Establishes a new constitutional right: Every individual has the right to make and carry out one’s own reproductive decisions. This includes:
    • Contraception
    • Fertility treatment
    • Continuing one’s own pregnancy
    • Miscarriage care
    • Abortion
  • Protections against state interference: The state may not directly or indirectly burden, penalize, prohibit, interfere with, or discriminate against:
    • An individual exercising these rights
    • A person or entity assisting someone exercising these rights
    • Such protections apply unless the state demonstrates that it is using the least restrictive means to advance the individual’s health in accordance with widely accepted, evidence-based standards of care.
  • Exception for fetal viability: Abortion may be prohibited after fetal viability, but not if, in the treating physician’s professional judgment, abortion is necessary to protect the pregnant patient’s life or health.
  • Definition of fetal viability: Viability is defined as the point when, in the professional judgment of the treating physician, the fetus has a significant likelihood of survival outside the uterus with reasonable medical measures, determined on a case-by-case basis.

Who is affected

  • Individuals capable of pregnancy (women and others who can become pregnant) would gain a constitutional right to reproductive decisions.
  • Healthcare providers and facilities would be bound to respect the new right and could be subject to legal constraints if they restrict or penalize reproductive decisions, except as allowed by the viability and least-restrictive-means standards.
  • Individuals and entities assisting others in exercising reproductive rights would be protected against discrimination or interference, subject to the same least-restrictive, evidence-based framework.

Procedural and timeline aspects

  • Legislative action: SJR 7 is a proposed constitutional amendment introduced in the West Virginia Senate (January 14, 2026) by Senator Garcia.
  • Referral: Referred to the Committee on the Judiciary, and then to the Committee on Finance.
  • Voter consideration: If the Legislature approves, the proposed amendment would be submitted to West Virginia voters at the 2026 general election.
  • Legislative process notes: The text indicates standard constitutional amendment procedures, including numbering as Amendment 1 and a summarized purpose statement.

Notable considerations and implications

  • The amendment codifies a broad right to reproductive decisions, including contraception, fertility treatment, pregnancy continuation, miscarriage care, and abortion, with health and safety protections.
  • It establishes a criteria-based framework for limiting rights (least restrictive means and evidence-based standards) and ties abortion restrictions to fetal viability, with a protective carve-out for the life or health of the pregnant patient.
  • Since this is a constitutional amendment, it would have a lasting impact on state law, potentially influencing subsequent statutes and regulations related to reproductive health care.
  • The actual implementation would depend on voter ratification and any ensuing statutory development to define standards of care and administrative enforcement.

If you’d like, I can compare this proposed amendment to West Virginia’s current constitutional provisions and recent related statutes, or outline potential fiscal and regulatory impacts for state agencies.

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

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