At the end of the ballot West Virginia voters will receive in a few short days, voters will find two proposed amendments to our State constitution. I write to discuss the proposed Amendment 1, dealing with the emotionally and politically charged issue of abortion. The language of the proposed amendment is as follows:

“Nothing in this Constitution secures or protects a right to abortion or requires the funding of abortion.”

Voters will be asked to vote either “for” or “against” the amendment. I urge all West Virginians to vote against this proposed amendment.

It is important to understand the legal background of this proposal and what its passage would do.

As the law in West Virginia stands now any person who has an abortion or assists with an abortion would be guilty of a felony, but for state and federal court cases holding that law unconstitutional. The federal case, relying upon Roe v. Wade, is likely to be overturned by the United States Supreme Court soon, leaving abortion up to State law again. In that eventuality WV Code 61-2-8 would again be the law in West Virginia. This law makes abortion a felony punishable by 3 to 10 years in prison. Anyone assisting a woman would be guilty as well. This 1882 law contains no exceptions for pregnancies caused by rape or incest and no exception for an abortion necessary to save the life of the mother.

Currently, in West Virginia a woman must receive state-directed counseling that includes information designed to discourage her from having an abortion, and then wait 24 hours before the procedure is provided. Also, parental notification is required before a minor may obtain an abortion. Amendment 1 would allow the final and most radical governmental intrusion into West Virginia women’s personal health care decision making, criminalizing their health care choices.

Discussions by Amendment supporters of taxpayer funding of abortions in connection with this Amendment are misleading. The Amendment is not limited to the issue of funding. The West Virginia Legislature was offered an opportunity to limit the Amendment to the issue of taxpayer funding and it refused to do so.

Thus, voters sincerely concerned about abortion face this dilemma: passage of this Amendment will foreseeably sentence West Virginia children victimized by incest to have children conceived in that incest. It will force rape victims to have their rapist’s children. It will force West Virginia mothers to die of ectopic pregnancies. Are these outcomes anyone would endorse? I certainly hope not. Such results are not consistent with any reasonable understanding of the term “pro life.”

I urge all voters of good conscience to reject Amendment 1 and vote “against” this cruel and radical assault on the autonomy of West Virginia women.

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Walt Auvil is a Wood County attorney. He is a member of the West Virginia State Democratic Executive Committee.