COMMENTARY: Vote AGAINST the Constitutional Amendment

The state legislature wants you to add a constitutional ban to an already prohibited activity, medically-assisted death. We suggest you reject the proposal.

While Wheeling Free Press has decided against endorsing political candidates this general election, the constitutional amendment regarding medically-assisted death presents an issue we’re willing to weigh in on: We encourage voters to reject the constitutional amendment.

Illustration by Gracia Lam.

The amendment was proposed by Del. Pat McGeehan (R-Hancock), signed on to by Speaker Hanshaw, Del. Kimble, Del. Barnhart, Del. Chiarelli, Del. Street, Del. Rohrbach, Del. Pritt, Del. Ellington, and Del. Jeffries, and approved by the state Legislature in the 2024 legislative session. Due to their efforts to obscure the amendment, residents are left confused by its language. 

The constitutional amendment, if approved, would include in the Constitution of West Virginia a prohibition of medically-assisted death (referred to as medically-assisted suicide in the amendment), in the state. What the proposed amendment doesn’t mention is that medically-assisted death (MAD) is currently not allowed in the state and that the amendment provides an exception for capital punishment, also prohibited in the state. 

MAD, prohibited in the state as of the publication of this commentary, is the ability of an individual facing terminal illness the right to end their life on their terms, not on the terms of their illness. This decision involves a patient agreeing to be administered life-ending drugs, and is unequivocally a difficult decision to make. 

The most common reasons for patients to choose MAD are a loss of autonomy, a loss of quality of life, a loss of ability to do meaningful activities, disease-related symptoms, and a fear of future suffering. In a majority of cases, patients and doctors discuss this option at length.

Nine states–California, Colorado, Hawaii, Montana, Maine, New Jersey, New Mexico, Oregon, Vermont, and Washington–and the District of Columbia allow the practice. The countries of Australia, Austria, Belgium, Canada, Germany, Luxembourg, the Netherlands, New Zealand, Portugal, Spain, and Switzerland, allow the practice. 

The state of West Virginia does not allow MAD. 

This amendment seeks to prohibit the potential for West Virginia to consider the option in the future through a constitutional ban. 

As well, the amendment could provide an exception for capital punishment.

Capital punishment is prohibited in the state–an abolition that has remained since 1965. If approved, this constitutional amendment could open the door for state lawmakers to allow the potential resumption of the practice of killing inmates in the future. 

The Secretary of State’s office, led by Republican Mac Warner, is in charge of writing the ballot language for the potential constitutional amendment. Warner’s office chose to obscure the language regarding the amendment itself, leading many West Virginians to be confused. 

To be clear, this amendment would constitutionally ban an already prohibited activity (MAD) while potentially opening the door to allowing the death penalty.

As our state motto–Montani Semper Liberi–states that Mountaineers are Always Free. 

A vote against this constitutional amendment will ensure the state may discuss medically-assisted death in the future, while protecting our righteous abolition of capital punishment. A vote for this constitutional amendment will block any future debate about medically-assisted death, while potentially allowing the state to resume capital punishment.

This amendment, if approved, would be in opposition of our state motto. 

The choice is yours, West Virginia. We at Wheeling Free Press encourage you to vote AGAINST the constitutional amendment.