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This resolution does not ban the state's funding of abortions.  It simply vacates one aspect of the 1993 decision by the WV Supreme Court (Women's Health Center v Panepinto, Director of Health and Human Services), which manufactured a right to abortion funding in the WV Constitution.

If this resolution were to be approved by the legislature and approved by the voters, funding would not necessarily be outlawed.  The matter of funding would be in the hands of the legislature.  The legislature could restrict abortion funding, or continue to pay for abortions.  The decision would be unaffected by West Virginia constitutional issues.

The US Constitution allows states to refuse to pay for abortions.   Most states don't pay for them.  West Virginia is one of the few that do pay for abortions.

The language of this resolution is fine.  It does not need to be changed.

Mark Robinson, 2/26/05

 

Ron Thompson:


HOUSE JOINT RESOLUTION NO. 12


[Introduced February 3, 2003; referred to the

Committee on Constitutional Revision then the Judiciary.]

Proposing an amendment to the Constitution of the State of West Virginia, amending article six thereof by adding thereto a new section, designated section fifty-seven, relating to clarifying that the Constitution does not require the State to pay for any abortion.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the State at the next general election to be held in the year two thousand four, which proposed amendment is that article six thereof be amended by adding thereto a new section, designated section fifty-seven, to read as follows:
ARTICLE VI. THE LEGISLATURE.
§57. State not required to pay for abortions under this constitution.
The provisions of this Constitution do not require the State to pay for an abortion.

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