West Virginia 2023 Regular Session

West Virginia House Bill HB2976

Introduced
1/24/23  

Caption

Creating the Keep Roe Reversed Forever Act

Impact

If enacted, HB 2976 would have a substantial impact on existing laws surrounding abortion in West Virginia. It would solidify the state's authority to regulate abortion as a matter of religion, and significantly limit the ability of federal actors to influence state legislation and practice. This act is not merely about abortion rights; it advocates for what supporters describe as a necessary separation of state and federal powers regarding deeply religious matters. The legislative framework suggests that state regulations on abortion should reflect community standards of decency and morality against the perceived moral decay promoted by convenience abortions.

Summary

House Bill 2976, known as the 'Keep Roe Reversed Forever Act,' aims to amend state laws to reinforce West Virginia's right to regulate 'convenience abortion' based on the premise that such practices are intertwined with religious beliefs, specifically secular humanism. The bill seeks to establish a civil action for declaratory and injunctive relief against any federal actor attempting to remove restrictions on abortion imposed by West Virginia law. This is framed under the Tenth Amendment and the First Amendment's Establishment Clause, stating that attempts by federal bodies to interfere in state abortion regulations conflate to an establishment of a national religion, which the bill argues is unconstitutional.

Sentiment

The sentiment around HB 2976 appears to be deeply polarized. Supporters emphasize the right of the state to protect life and uphold community standards, framing the bill as a reaffirmation of state sovereignty and moral governance. Conversely, opponents express concerns over the bill's infringement on individual rights and personal liberties, criticizing its religious underpinnings and potential for legal backlash against reproductive rights. Advocacy groups are likely to label the bill as a significant overreach into private matters, invoking substantial debate about the separation of church and state in legislative practices.

Contention

Notable points of contention within the discussions surrounding HB 2976 revolve around its invocation of religious beliefs as a basis for state law. Critics argue that this opens the door for discrimination against individuals who seek abortions for non-religious, personal reasons, potentially leading to legal challenges on constitutional grounds. Furthermore, the bill's reliance on community standards as a mechanism for regulation raises questions about what those standards encompass and who determines them. The bill sets a tense stage for future legal battles regarding abortion, religious freedoms, and state rights, suggesting a contentious path forward in West Virginia's legislative landscape.

Companion Bills

No companion bills found.

Previously Filed As

WV HB4231

Creating the Keep Roe Reversed Forever Act

WV HR28

Condemning the Supreme Court's decision to overturn Roe v. Wade and Planned Parenthood v. Casey and committing to advancing reproductive justice and judicial reform.

WV SJR003

Roe v. Wade Anniversary Day

WV HC33

Congress; call upon to repeal FACE Act and urge President Trump to pardon Americans convicted thereunder.

WV SR19

Call on Congress to repeal FACE Act, and call on President Trump to pardon pro-life Americans convicted thereunder.

WV SR36

Urge United States Congress to repeal "The Face Act."

WV HC54

Congress; call upon to pass legislation repealing the FACE Act and commending President Trump for pardoning certain Americans convicted thereunder.

WV HB0149

Adoption discrimination-keep kids first act.

WV HB1150

Provide Information On Abortion Pill Reversal

WV HB1106

Require Information about Abortion Pill Reversal

Similar Bills

WV HB4231

Creating the Keep Roe Reversed Forever Act

WV HB2545

West Virginia Religious Freedom Restoration Act

WV HB4015

Establishing the West Virginia Religious Freedom Restoration Act

WV HB2474

Establishing the West Virginia Religious Freedom Restoration Act

WV HB2478

West Virginia Religious Freedom Restoration Act

WV SB24

Establishing WV Freedom of Conscience Protection Act

VA HB2171

Religious freedom; applicability of certain executive orders.

VA HB775

Religious freedom; applicability of certain executive orders.