Life and Death on the Ballot: Vote No on Amendment 1 in November

Reprinted with permission from our partners at the ACLU of WV 

On Nov. 5, Americans will head to the polls for federal, state, and local elections.  In West Virginia, there will be a very important question on the ballot. Life-and-death important, in fact.

Amendment 1 would change the West Virginia Constitution to prohibit “the practice of medically assisted suicide, euthanasia, or mercy killing of a person.” Cynically, the proposed amendment concludes by stating that this does not prohibit the practice of capital punishment.

The unnecessary nature of this proposed amendment cannot be overstated. And when it comes to West Virginians’ freedom, it couldn’t be more backwards. Constitutions exist to safeguard individual freedoms from government overreach. This amendment does the exact opposite.

Medically assisted suicide is already illegal under state law, and there has been no significant attempt to make it legal in West Virginia. Conversely, capital punishment was banned in West Virginia in 1967. While there has been a regular stream of bills to resurrect it, none have received enough support to pass a single chamber, much less the entire legislative process.

What the amendment does do is restrict choice.

A 2018 Gallup poll found that 72% of Americans support allowing terminally ill people to seek medical assistance in ending their own lives. The issue has been gaining acceptance in state legislatures, where nine states now allow it.

The right to avoid excruciating, end-of-life pain is essential to bodily autonomy and basic freedom. Multiple courts have upheld the constitutionality of laws allowing death with dignity.

Public opinion is also moving away from the death penalty. An October 2023 survey found that, for the first time, most Americans believe capital punishment is applied unfairly.

This proposed amendment also follows a disturbing trend of more and more legislators inserting their personal beliefs into the patient-physician relationship. In recent years, abortion has been effectively banned, and more recently significant restrictions have been placed on gender-affirming care for trans kids.

This is particularly cruel in West Virginia. We already boast one of the oldest and sickest populations in the nation. Many West Virginians suffer from debilitating, lethal illnesses directly tied to the government’s disregard for health and safety in the name of supporting industry.

Yet the same government that allows people to get sick in the name of profits won’t allow them to end their lives with dignity and on their own terms.

The supposedly “pro-life” rationale is also contradicted by the unnecessary endorsement of capital punishment. The logical incoherence is glaring: People cannot choose to die, but the state can murder? Such language should cause hesitation even among those who are uncomfortable with ethical euthanasia.

Of course, it is no secret that the real purpose of this amendment is to appease special-interest groups and attempt to create a wedge issue to turn out certain voting blocks.

ACLU-WV will be working hard to make sure voters see through these tricks.

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More News & Commentary on Amendment 1

• Here’s what to know about the constitutional amendment prohibiting physician-assisted suicide
• West Virginia voters to decide on medically assisted suicide prohibition in constitution
• ‘Death with Dignity’ organization speaks out against West Virginia constitutional amendment
• Deb Ujevich: West Virginia’s Amendment 1 in an affront to dying with dignity
• West Virginia ballots will include a constitutional question on prohibiting physician-assisted death
• Medically Assisted Death Is On W.Va.’s Ballot This November
• Proposed constitutional amendment seeks to permanently ban ‘mercy killing’ in State of West Virginia