Posted by 05 August 2018
“Nothing in this Constitution secures or protects a right to abortion or requires the funding of abortion.”
This November, that is the language that West Virginia voters will decide whether to place in the state’s constitution.
Nationally, there has been a lot of attention on the future of abortion rights due the departure of Justice Anthony Kennedy from the Supreme Court. Some observers fear that with a more conservative justice on the court, cases could be brought that will further limit abortion or even overturn the case that made it legal throughout the U.S.
This battle over abortion is also being fought at the state level, however. In 1993, the West Virginia Supreme Court ruled that the state constitution protected a woman’s right to an abortion. The court also held that the constitution mandated that the state fund abortion the same way it does other health services. That means that West Virginia’s Medicaid system pays for abortions.
If this constitutional amendment passes, abortion will not be outlawed in West Virginia. What it does mean is that legislators would face fewer limitations in what types of regulations they place on abortion. They would be bound only by federal law, not the state Supreme Court decision. They could decide, for instance, to stop state funding of abortions.
In the event of a U.S. Supreme Court ruling that overturns Roe v. Wade and returns the decision-making authority over abortion’s legality to the states, this constitutional amendment would then open the door to a state ban on abortion. Without state constitutional protection of the practice, legislators would be free to do as they wished on this issue if there is no federal abortion right.
Do you think the West Virginia Constitution should protect abortion rights? Or does the state constitution go too far in requiring taxpayer funding of abortions?