Proposed constitutional amendment seeks to permanently ban ‘mercy killing’ in State of West Virginia
By Matthew Young, RealWV
CHARLESTON, W.Va. – West Virginia voters will have a decision to make this November, and it could potentially mean the difference between life and death.
West Virginia Amendment 1, otherwise known as “Protection of persons against medically assisted suicide,” will appear on the ballot come Election Day. Introduced by Del. Pat McGeehan, R-Hancock, the proposed amendment seeks to add language to the state’s constitution, thereby permanently outlawing the already illegal procedure. Medically assisted suicide, or “mercy killing” as it is often referred, has been banned in West Virginia since the passing of the Health Care Decisions Act of 2000.
Although state code currently prevents the procedure from being performed, McGeehan believes that prohibition does not go far enough. During a March 5 appearance before the Senate Judiciary Committee, McGeehan cited what he called a “phenomenon of euthanasia” infiltrating the United States from Canada.
“We’re not always going to be here,” McGeehan stated, expressing concern over the possibility that a future State Legislature could potentially legalize the practice. “I don’t want to see, in 10 years, suddenly this culture invades West Virginia like it has some of our border states.”
While most Democrats opposed McGeehan’s proposal, it was ultimately adopted by both the Senate, and the House of Delegates. On Wednesday, a legal notice regarding the proposed amendment began appearing within the state’s newspapers. This public notice is required by law before changes can be made to the state’s constitution.
The notice, in its entirety, states:
“Appearing on the ballot for the 2024 General Election scheduled for November 5, 2024, is a proposed amendment to the West Virginia Constitution as authorized by HJR 28 (2024 Regular Session). The title of the proposed amendment is “Protection of persons against medically assisted suicide” and its summary purpose is “to protect West Virginians against medically assisted suicide.”
As explained during the March 5 meeting by Senate Counsel, if accepted by voters, the amendment would not prevent a medical professional from administering or prescribing pain-relieving medications to allow a patient’s condition to “take its natural course.” Medical professionals would also still be permitted to discontinue life-saving measures based upon the wishes of the patient of their decision maker “so long as the intention is not to kill the patient.”
In addition, the amendment specifies that it does not, in any way, prevent West Virginia from carrying out a death sentence, should lawmakers wish to legalize state-sanctioned executions, stating, “Further, nothing in this section prevents the state from providing capital punishment.”
General Election Day in West Virginia is Tuesday, November 5.
