WV SJR12

Proposes a constitutional amendment to Article III (Bill of Rights) establishing the right to reproductive freedom, covering contraception, fertility treatment, pregnancy continuation, miscarriage care, and abortion

Prohibits the state from directly or indirectly burdening, penalizing, prohibiting, or discriminating against individuals exercising reproductive rights or those who assist them

Allows prohibition of abortion after fetal viability, except when a treating physician determines it necessary to protect the pregnant patient's life or health

Defines "fetal viability" as the point when a fetus has significant likelihood of survival outside the uterus with reasonable measures, determined case-by-case by the treating physician

Would be submitted to voters as "Amendment No. 1" at the 2026 general election if approved by two-thirds of the legislature