WV HJR36

Proposes a constitutional amendment (Article III, Section 23) to establish the right to reproductive freedom in West Virginia, covering contraception, fertility treatment, pregnancy continuation, miscarriage care, and abortion.

Prohibits the state from burdening, penalizing, or interfering with individuals exercising reproductive rights or persons/entities assisting them, unless using the least restrictive means based on evidence-based standards of care.

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

Defines fetal viability as when a fetus has a significant likelihood of survival outside the uterus, determined case-by-case by the treating physician.

Would be placed on the 2026 general election ballot as "Amendment 1" for voter ratification, requiring two-thirds approval from both legislative houses to proceed.