When assisted suicide has been on the ballot in different states in recent years, typically it’s in an attempt to legalize it. But this year in West Virginia, voters were asked if the constitution should ban it.
It was a close vote, but West Virginians decided 50.4% to 49.6% to amend the constitution to include a prohibition on assisted suicide.
Assisted suicide is already illegal in West Virginia. But what the constitutional amendment would do is make it harder for proponents to launch an effort to legalize it.
West Virginia is a state without ballot initiatives or referenda — so citizens can’t rally to make a law about it anyway. The state legislature is the body with the power to legalize assisted suicide, but with the constitutional amendment, the legislators couldn’t do it on their own.
If West Virginia lawmakers want to legalize assisted suicide in the future, they would have to go through the process of amending the state constitution again. To get an amendment in front of voters in the first place, two-thirds of both the West Virginia House and Senate would have to agree to put it forward.
Then, a simple majority of West Virginia voters would have to approve the measure.
This constitutional amendment effectively prevents assisted suicide legislation from coming into the state.
The group West Virginians for Life called the passing of the amendment one of the “biggest pro-life gains yet.”
“West Virginia becomes the first state in the United States of America to proactively protect all its citizens and health care institutions from the dangerous trend of assisted suicide by a state constitutional amendment,” said Mary H. Tillman, legislative coordinator for West Virginia Alliance for Ethical Health Care in a press release.
Tillman said the results shows West Virginian voters showed their belief that all West Virginians should be “respected and protected from the dangers of medically assisted suicide.”
Compassion & Choices, a national group that advocates for the legalization of assisted suicide, said in a press release the constitutional amendment “sets dangerous national precedent.”
“This is just the beginning,” said Charmaine Manansala, chief advocacy officer at Compassion & Choices. “We should expect the possibility of ballot initiatives like this in other states, and Compassion & Choices will be there to protect patient-directed care and bodily autonomy at the end of life wherever those rights are threatened.”
The amendment also received opposition from religious groups in the state.
Catholic Bishop Martin Brennan from the Diocese of Wheeling-Charleston wrote a letter urging voters to take the issue seriously and encourage people to find the will to live.
“Medically assisted suicide corrupts the medical profession,” wrote Bishop Brennan. “Those whose goal is to bring healing or at least comfort in a patient’s last days become assistants in taking the lives of their patients.” He said it turns the medical principle of “do no harm” upside down.
The nitty-gritty of the amendment
The amendment would add text to the West Virginia Constitution that says health care providers and physicians cannot participate in assisted suicide, euthanasia or mercy killing.
The text of the amendment says nothing in it would prevent prescribing medication to alleviate people’s pain or withholding life-sustaining treatment at the request of the patient (or the person designated to make decisions for them). It does say the intent cannot be to kill the patient.
On top of prohibiting assisted suicide, the amendment also says nothing about this additional text would prevent the state from carrying out the death penalty.
Assisted suicide in the U.S.
The last time a state legalized assisted suicide was New Mexico in 2021.
There have been other states that have tried to legalize assisted suicide. Delaware was one of them. But the state’s Gov. John Carney vetoed the bill, saying he did not think there was a national consensus on the issue.
In Massachusetts, there was also an attempt starting in 2023 to legalize assisted suicide, but it failed. It’s not the first time a bill has been introduced there. There was also a ballot initiative in 201, but it failed to get a majority vote.
Vermont, where assisted suicide has been legal since 2013, removed its residency requirement in 2023. So did Oregon. This means residents from out-of-state can go to those states to die by assisted suicide if they qualify for it under state law.
Editor’s note: This story deals with the practice of assisted suicide. If you or someone you know is struggling with thoughts of self-harm, the 988 Suicide and Crisis Line is always available. You can text or call 988 any time or chat at 988lifeline.org. In Utah, you can also reach out to SafeUT, 833-372-3388, or download the SafeUT app.