Democratic gubernatorial candidate Steve Williams says wherever he campaigns, voters ask him about abortion rights. He said on Talkline this week that he has heard from so many women concerned about the issue that he has decided to try to put it before the voters.
Williams has called on Governor Jim Justice to include on the agenda of the upcoming special legislative session an amendment to the state constitution “guaranteeing access to abortion and reproductive health care.”
Two years ago, the U.S. Supreme Court issued the Dobbs decision that overturned Roe v. Wade and sent the issue back to the states. The West Virginia Legislature quickly, and overwhelmingly, passed a law prohibiting abortions except in rare circumstances.*
Several states have followed Dobbs with statewide votes on abortion. California, Kansas, Kentucky, Michigan, Vermont and Ohio have each voted on abortion-related constitutional amendments, and the side favoring access to abortion has prevailed in every state. Another dozen or so states may vote on abortion this year.
Williams wants to do the same here. “This approach not only democratizes the decision making process but also ensures that any legislative changes regarding abortion and reproductive healthcare reflect the will of the people,” Williams said.
There is no chance that Justice, who is running for the Republican nomination to the U.S. Senate, will include an abortion constitutional amendment on the special session call. Remember, Justice signed into law the bill banning abortions here. “I believe wholeheartedly that it does one thing that is absolutely so important,’ Justice said at the time. “It does protect life.”
And even if he did, it would take a two-thirds vote in the House and Senate to put the proposed amendment on the ballot. Pro-life Republicans dominate both chambers, so that is not going to happen.
Opponents can also argue that West Virginians have already voted on the issue. In 2018, voters passed Amendment One, which read, “Nothing in this Constitution secures or protects a right to abortion or requires funding of abortion.” However, it was a close vote: 52 percent “for” and 48 percent “against.”
That same even split was reflected in a 2022 poll by the West Virginia Chamber of Commerce shortly after the Dobbs decision. It found that 51 percent of adults surveyed characterize themselves as “pro-life,” while 45 percent say they are “pro-choice.”
That poll, the close vote on Amendment One and the current focus on the abortion issue nationally indicate that Williams is on to something. No, he is not going to convince this Governor or the Legislature to change their minds, but he has locked on to an issue that people are talking about.
And that can give his long shot campaign traction.
*(The law does not allow for abortion at any time during pregnancy, except for in some limited circumstances. In recent years, West Virginia law had allowed abortion up to 20 weeks of gestation.
The bill allows exceptions for a nonmedically viable fetus, an ectopic pregnancy, which is when a fertilized egg implants and grows outside the main cavity of the uterus, or a medical emergency, not including psychological or mental health situations.
The bill specifies that several things are not considered abortion: a miscarriage, stillbirth, use of established cell lines or human fetal tissue research, in vitro fertilization or contraceptives.)