West Virginia Enacts Parental Rights and Student Protection Laws

From the Desk of Brad Dacus

Staff attorney for West Virginia Gretchen Morrison and Policy Counsel Janice Lorrah recently sent letters to the West Virginia Legislature in favor of three bills. Two of those bills completed the legislative process and were subsequently signed by Governor Morrisey.  [pictured left] 

[Pacific Justice Institute] congratulates West Virginia for its efforts to protect students in public schools and to preserve the parental rights of its citizens to direct their children’s lives as they see fit.

West Virginia passed HB 2129, a new “Parental Bill of Rights,” creating enumerated rights of parents in the state. The new law confirms that parents may direct their children’s medical care, religious and moral instruction, and educational program, and may access their minor child’s school records. This law includes:

West Virginia House Rejects Vaccine Exemption Bill

https://childrenshealthdefense.org/defender/ch-west-virginia-house-rejects-vaccine-exemption-bill

The House of Delegates on Monday rejected a bill that would have loosened the state’s strict school vaccination laws. Delegates voted 42 to 56 against Senate Bill 460. The legislation would have implemented a religious exemption for the state’s vaccine laws, allowing families who object to the shots on religious grounds to submit a written statement to their school administrator in order to be exempt from the requirements.

The state’s private and parochial schools would have been able to set their own requirements for vaccines. Under current law, children must have a medical reason for being exempt from vaccine requirements. The bill also would have revamped the state’s medical exemption process.  

Current law requires the medical provider of a family seeking a medical exemption to provide documentation of the medical need for the exemption to the state immunization officer for approval.  

Senators Welch and Manchin Introduce Bill to Cap Supreme Court Terms, Senator Lindsey Graham Opposes Proposal

By Matthew Vadum 

The bill would begin the constitutional amendment process which requires supermajority support in Congress and three quarters of the states for ratification

Two senators have introduced a proposed amendment to the U.S. Constitution that would impose term limits for members of the Supreme Court. 

The Supreme Court unanimously adopted a code of conduct in November 2023 governing the justices’ behavior.

The new resolution, introduced on Dec. 5 by Sens. Peter Welch (D-Vt.) and Joe Manchin (I-W.Va.) [pictured here], would limit newly appointed justices to 18 years on the bench, and lead to a new opening roughly every two years. To become effective, a constitutional amendment would have to be passed by a two-thirds majority of both houses of Congress and ratified by three-quarters of the states.

West Virginia Voters Narrowly Approve Putting Medically Assisted Suicide Prohibition in Constitution

By: Lori Kersey - November 6, 2024 

West Virginia voters on Tuesday narrowly approved a constitutional amendment that adds a prohibition on medically assisted suicide to the state’s constitution. Amendment 1 passed with 50.5% of voters voting for the measure, and 49.5% opposing it, according to unofficial results from the Secretary of State’s Office. 

Medically assisted suicide is already illegal in West Virginia. 

The amendment adds to the bill of rights a line that says, “No person, physician, or health care provider in the State of West Virginia shall participate in the practice of medically assisted suicide, euthanasia, or mercy killing of a person.”

It goes on to say that nothing in the section prohibits giving a prescription of medication to alleviate pain or discomfort, prohibit the withholding or withdrawing of life-sustaining treatment, and nothing in the section prevents the state using capital punishment.

Del. Pat McGeehan, R-Hancock, [pictured above] championed the amendment, calling it a proactive measure to ensure that medically assisted suicide does not one day become legal in West Virginia. 

Prohibiting Assisted Suicide

By Curtis Johnson. Original publication 10/31/24.

CHARLESTON, W.Va. (WSAZ) - The way you choose to deal with a terminal illness is on the ballot in West Virginia.

Lawmakers, in March proposed a state constitutional amendment to prohibit medically assisted suicide, also referred to as medical aid in dying and death with dignity.

WSAZ found assisted suicide is already against West Virginia law. So the station we reached out to a sponsor of the legislation, Kanawha County Del. Chris Pritt [pictured here].

“With a law already on the books that prohibits this, why pass an amendment?” asked WSAZ reporter Curtis Johnson.

“Things can happen at the drop of dime in any given legislative session, and what this does is it makes sure that we, to the extent that any laws would be attempted to be passed, this would put a brake on it,” Pritt replied.

West Virginia Voters to Decide on Medically Assisted Suicide Prohibition in Constitution

By Lori Kersey (pictured right)*

During the general election, West Virginians will decide whether the state constitution should prohibit physicians and other health care providers from helping a patient die. 

Medically assisted suicide is already illegal in the state. Amendment 1 would enshrine a “protection against medically assisted suicide” into the state’s constitution.

The amendment reads: 

No person, physician, or health care provider in the State of West Virginia shall participate in the practice of medically assisted suicide, euthanasia, or mercy killing of a person. 

Voting yes on the amendment would be a vote in favor of adding those words to the constitution. 

Ballot Amendment Would Constitutionally Prohibit Assisted Suicide and Euthanasia

by Alex Schadenberg  (pictured right)

Executive Director, Euthanasia Prevention Coalition

The Washington Stand published an article by Sarah Holliday on September 2, 2024 that reports on the West Virginia Ballot Amendment 1 which, if passed, would prohibit euthanasia and assisted suicide in the state constitution.

Holliday reports:

Amendment 1 has recently been added to the state’s November ballot with the intention of providing “protection against medically assisted suicide.” Ultimately, “the amendment just places what’s already illegal in West Virginia into the state constitution for more security going forward,” said Pat McGeehan (R), a West Virginia state delegate, on Tuesday’s episode of “Washington Watch.” If this amendment is passed, West Virginia would become the first state to amend their constitution to prohibit assisted suicide.

West Virginia to Vote on Landmark Constitutional Amendment Outlawing Medically Assisted Suicide in November 2024 Election

WV News Report 

West Virginia citizens will soon have a say on a constitutional change. 

This change aims to ban "medically assisted suicide, euthanasia, or mercy killing." This is the first time a US state has considered a constitutional ban on this medical practice. It is often called assisted suicide or aid-in-dying. Amendment 1 is related to this ban. Citizens will vote on it on November 5, 2024.

The West Virginia State Legislature suggested this amendment. It was first known as the House Joint Resolution 28 (HJR 28). On February 15, the House approved HJR 28 with an 88-9 vote. The Senate agreed with a 28-4 vote on March 9. The Senate changed the resolution a little. So, the House had to agree with these changes. The House agreed with an 88-10 vote on March 9. This amendment will now be on the ballot.

West Virginia House Passes Resolution, 88 to 9, Providing Protection from Medically-Assisted Suicide & Euthanasia

By Alex Schadenberg

Executive Director, Euthanasia Prevention Coalition.

Roger Hanshaw [photo at right] who is the Speaker of the House in West Virginia has sponsored House Joint Resolution (HJR 28) to add protection from assisted suicide in the state Bill of Rights. HRJ 28 states the following:

Proposing an amendment to the Constitution of the State of West Virginia amending Article III thereof by adding thereto a new section, designated section twenty-three, relating to the protection from medically-assisted suicide or euthanasia in West Virginia; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.