Freedom Index

A Legislative Scorecard Based on the Principles of the U.S. Constitution

Votes


Ban on Sex Mutilation of Children  |  HB2007

HB2007 bans a physician from providing “irreversible gender reassignment surgery” or “gender altering medication” to a person who is under 18 years of age.  

The Senate passed HB2007 on March 11, 2023, by a vote of 30 to 2. We have assigned pluses to the yeas because no person has a right to harm a child using the pretext of LGBTQ+ ideology. Sex mutilation against minors violates their “unalienable” right to life and limb, as it absurdly attempts to erase their biological sex with fictional ‘gender’ constructs. According to the Bill of Rights and the 14th Amendment of the U.S. Constitution, every State has a duty to defend the basic humanity of its citizens, each of whom is born distinctly male or female, and, as the Declaration of Independence affirms, created equally in the image of God.

Ban on Sex Mutilation of Children  |  HB2007

HB2007 bans a physician from providing “irreversible gender reassignment surgery” or “gender altering medication” to a person who is under 18 years of age.  

The House passed HB2007 on March 11, 2023, by a vote of 88 to 10. We have assigned pluses to the yeas because no person has a right to harm a child using the pretext of LGBTQ+ ideology. Sex mutilation against minors violates their “unalienable” right to life and limb, as it absurdly attempts to erase their biological sex with fictional ‘gender’ constructs. According to the Bill of Rights and the 14th Amendment of the U.S. Constitution, every State has a duty to defend the basic humanity of its citizens, each of whom is born distinctly male or female, and, as the Declaration of Independence affirms, created equally in the image of God.

Prohibiting State Funds for ESG Initiatives  |  HB2862

HB2862 prohibits the West Virginia Investment Management Board and the Board of Treasury Investments, as well as their fiduciaries, from casting shareholder votes for the purpose of furthering “Environmental, social, corporate governance, or other similarly oriented considerations.”

The House passed HB2862 on March 1, 2023, by a vote of 73 to 23. We have assigned pluses to the yeas because the State’s investment decisions should be based on the financial interests of West Virginian taxpayers and pensioners—not ‘woke’ ESG factors. As a political and ideological scam that seeks to proliferate worldwide, implement a ‘social credit’ rating system, and advance the United Nations’ Agenda 2030, the ESG movement rejects private property and freedom of association. Its radical proponents attempt to restrict free-market access to financial and other services by preventing both individuals and companies from entering into contracts voluntarily based on their own interests, which violates the due process and equal protection clauses of the Fifth and 14th Amendments to the U.S. Constitution.

Enforcement of Canadian Protective Orders  |  HB3556

HB3556, the Uniform Recognition and Enforcement of Canadian Domestic Violence Protective Orders Act, allows law enforcement in West Virginia to enforce protective orders issued in Canada without requiring that such orders be registered with a court in the United States.

The House passed HB3556 on February 25, 2023, by a vote of 84 to 8. We have assigned pluses  to the nays because all law enforcement and judicial officers in each of the several States are bound by oath to support the U.S. Constitution. Article IV, Section 1, of the Constitution confers recognition to only “the public Acts, Records, and judicial Proceedings of every other State”—not the judgements of foreign nations. In addition, the Bill of Rights and 14th Amendment protect “due process of law” and provide that “No State shall make or enforce any law” abridging the “privileges or immunities” of American citizens. Protective orders that do not satisfy the Constitution’s Article VI requirement that U.S. courts apply the “supreme Law of the Land,” which “Judges in every State shall be bound thereby,” are not valid or enforceable.

Eliminating Abortions Based on Rape or Incest  |  SB584

SB584 would remove the rape and incest exception to obtain an abortion in West Virginia.

The Senate failed to advance SB584 when it adopted a motion to table the bill on February 23, 2023, by a vote of 29 to 5. We have assigned pluses to the nays because the care of human life—not its destruction—is the greatest responsibility of government. West Virginia ought to forbid abortion entirely and uphold the sanctity of life for every person, especially preborn children. The right to life is the most fundamental, God-given, and “unalienable” right asserted in the Declaration of Independence and protected by the Fifth and 14th Amendments to the U.S. Constitution.

Conscience Exemption from Vaccine Mandates  |  HB2036

HB2036 would exempt state employees, K-12 school children, and students in public institutions of higher education from mandatory immunizations based on a “conscientious or personal objection.”

The House failed to advance HB2026 on February 22, 2023, by a vote of 14 to 84. We have assigned pluses to the yeas because vaccine mandates should be opposed, as an individual’s non-injurious activities, including personal health care decisions, are private matters that should not be under federal, state, or local jurisdiction in the United States. To compel American citizens to receive medical treatment would be to violate their fundamental rights of conscience protected by the Bill of Rights and the 14th Amendment to the U.S. Constitution.

Concealed Carry on College Campuses  |  SB10

SB10, the Campus Self-Defense Act, authorizes concealed handgun license holders to carry firearms on public college and university campuses.  

The House passed SB10 February 21, 2023, by a vote of 84 to 13. We have assigned pluses to the yeas because this bill eases blatantly unconstitutional gun control restrictions on college campuses in West Virginia. Every person has a natural and individual right to self-defense, regardless of their location, which is why the Second Amendment to the U.S. Constitution expressly declares that “the right of the people to keep and bear Arms, shall not be infringed.”

Aiding and Abetting Ectopic Abortions  |  HB3199

HB3199 removes the requirement that a “termination of an ectopic pregnancy” be reported in West Virginia.

The House passed HB3199 on February 14, 2023, by a vote of 65 to 31. We have assigned pluses to the nays because the care of human life—not its destruction—is the greatest responsibility of government. West Virginia ought to forbid abortion entirely and uphold the sanctity of life for every person, especially preborn children. The right to life is the most fundamental, God-given, and “unalienable” right asserted in the Declaration of Independence and protected by the Fifth and 14th Amendments to the U.S. Constitution.

“Summer Feeding for All” Program  |  SB306

SB306 establishes the “Summer Feeding for All” program to reduce “food insecurity” by providing meals to the students during “summer and non-school-day times.”

The Senate passed SB306 on January 31, 2023, by a vote of 30 to 1. We have assigned minuses to the yeas because neither feeding children nor educating them is the role of the government; indeed, each of these responsibilities belongs to a child’s parents or family. Not only does charity have no part in the duty of government, but there can be no such thing as a “free” meal that comes at “no cost.” The reality is that this type of ‘cradle-to-grave’ program relies on the unconstitutional theft of taxpayer money for use on behalf on some citizens at the expense of others—resulting in more debt, dependency, and poverty. Moreover, public school districts have absolutely no business addressing “food security,” which the United Nations’ Agenda 2030 “Zero Hunger” initiative describes as a “precondition for the full enjoyment of the right to food,” based on Article 25 of the anti-constitutional and socialist Universal Declaration of Human Rights. The hard-working people of West Virginia should not be forced to fund all that now entails a compulsory, failing, and government-run K-12 school system.

Concealed Carry on College Campuses  |  SB10

SB10, the Campus Self-Defense Act, authorizes concealed handgun license holders to carry firearms on public college and university campuses.  

The Senate passed SB10 January 24, 2023, by a vote of 29 to 4. We have assigned pluses to the yeas because this bill eases blatantly unconstitutional gun control restrictions on college campuses in West Virginia. Every person has a natural and individual right to self-defense, regardless of their location, which is why the Second Amendment to the U.S. Constitution expressly declares that “the right of the people to keep and bear Arms, shall not be infringed.”

Article V Convention: Delegate Selection Procedure  |  SB115

SB115 outlines a procedure for West Virginia to select delegates to a “convention for proposing amendments” under Article V of the U.S. Constitution.

The Senate passed SB115 on January 20, 2023, by a vote of 29 to 1. We have assigned minuses to the yeas because efforts to call an Article V convention should be resisted. Instead of failing to uphold their oath of office and risking a constitutional convention, legislators in West Virginia and the rest of the States can “support and defend” the U.S. Constitution, as required under Article VI, Clauses 2 and 3, by acting to immediately nullify all unconstitutional federal laws. Whenever the federal government assumes undelegated powers, in blatant violation of the 10th Amendment, nullification of such acts is the proper remedy. Article V of the Constitution was designed to correct potential errors or defects in the Constitution, not to misconstrue or abuse its powers. The States need to use Article VI to enforce the Constitution, rather than use Article V to change it.  

Leasing Public Land for Carbon Capture  |  SB162

SB162 permits the Division of Natural Resources to lease state-owned “pore spaces” in “state forests, natural and scenic areas, and management areas, and other lands” for carbon sequestration.

The Senate passed SB162 on January 20, 2023, by a vote of 30 to 0. We have assigned minuses to the yeas because the recent and unjust expansion of carbon capture storage systems in the United States is closely connected to the United Nations’ 2030 Agenda for “sustainable development.” The abuse of eminent domain for these carbon dioxide pipelines—in the name of “climate change”—threatens the property rights of all Americans, particularly those who live in rural parts of West Virginia and elsewhere in the country. If we are to remain the “land of the free,” then the States and the people must put an end to the global war on farmers and ranchers.

Industrial Business Expansion Development Program  |  SB4001

SB4001 creates the Industrial Business Expansion Development Program and is to be administered as a program within the Department of Economic Development to encourage the continued development, construction, operation, maintenance, and expansion in West Virginia of high impact industrial plants and facilities.

The West Virginia State Senate passed SB4001 on September 12, 2022 by a vote of 28 to 1. We assigned pluses to the nays because this legislation expands the size of government by creating a new government program and forces government to interfere in the free-market economy. Government should not be propping up and subsidizing one business over another. This interferes with competition, suppresses innovation, and sets businesses up to fail.

Industrial Business Expansion Development Program  |  SB4001

SB4001 creates the Industrial Business Expansion Development Program and is to be administered as a program within the Department of Economic Development to encourage the continued development, construction, operation, maintenance, and expansion in West Virginia of high impact industrial plants and facilities.

The West Virginia State House of Representatives passed SB4001 on September 12, 2022 by a vote of 87 to 2. We assigned pluses to the nays because this legislation expands the size of government by creating a new government program and forces government to interfere in the free-market economy. Government should not be propping up and subsidizing one business over another. This interferes with competition, suppresses innovation, and sets businesses up to fail.

Vaccine Status  |  HB4012

HB4012 prohibits the showing of proof of a COVID-19 vaccination as a condition for entering the premises of any state or local governmental building, entity, department, or agency, or as a condition for entering the premises of a hospital or enrolling in a state institution of higher education.

The West Virginia State Senate passed HB4012 on March 12, 2022 by a vote of 23 to 8. We have assigned pluses to the ayes because an individual’s personal health care decisions should not be the object of government, nor be under its federal, state, or local jurisdictions in the United States. Forcing an individual to produce their vaccination status would be a violation of their fundamental rights, freedoms, privileges, or immunities protected by the Bill of Rights and the 14th Amendment to the U.S. Constitution.

Vaccine Status  |  HB4012

HB4012 prohibits the showing of proof of a COVID-19 vaccination as a condition for entering the premises of any state or local governmental building, entity, department, or agency, or as a condition for entering the premises of a hospital or enrolling in a state institution of higher education.

The West Virginia State House of Representatives passed HB4012 on March 12, 2022 by a vote of 88 to 7. We have assigned pluses to the ayes because an individual’s personal health care decisions should not be the object of government, nor be under its federal, state, or local jurisdictions in the United States. Forcing an individual to produce their vaccination status would be a violation of their fundamental rights, freedoms, privileges, or immunities protected by the Bill of Rights and the 14th Amendment to the U.S. Constitution.

Film Investment Tax Credit  |  HB2096

HB2096 restores the film tax credit program in West Virginia and would be retroactive to January 1, 2018.

The West Virginia State Senate passed HB2096 on March 9, 2022 by a vote of 32 to 1. We have assigned pluses to the nays because this is an improper use of government funds to benefit a specific industry or group of individuals. This is the government interfering in the free market by favoring one industry over another.

Con-Con  |  HCR31

HCR31 applies to the Congress of the United States to call a convention of states.

The West Virginia House of Representatives passed HCR31 on March 4, 2022 by a vote of 77 to 19. We have assigned pluses to the nays because a so-called “Convention of the States” would not be of “limited” purpose. The vague and contradictory text contained in this joint resolution dangerously permits what Article V of the U.S. Constitution describes as a “Convention for proposing Amendments” or second constitutional convention. Notably, Article V of the U.S. Constitution was designed to correct structural deficiencies in the federal government, not the behavior of its elected officials. HCR31 should be opposed in favor of less risky, more precise, and immediate solutions that would restore power back to the states and to the people, such as clear-cut proposals in Congress to repeal bad amendments or state nullification of specific unauthorized federal laws.

Anti-Racism Act of 2022  |  SB498

SB498 bans Critical Race Theory and prohibits that a teacher may not teach that one race, ethnic group, or biological sex is inherently, morally, or intellectually superior to another race, ethnic group, or biological sex.

The West Virginia State Senate passed SB498 on March 2, 2022 by a vote of 21 to 12. We have assigned pluses to the ayes because our government is pushing schools to teach racism with Critical Race Theory, which is rooted in communism and is part of the Marxist agenda. The goal is to pit Americans of different races and religions against each other, essentially becoming a catalyst for more racism. Our education system is broken and corrupt — and all at taxpayers’ expense. This legislation is a good step in taking back our schools and protecting our children.

Electric Vehicle Infrastructure Deployment Plan  |  HB4797

HB4797 creates an EV Infrastructure Deployment Plan for West Virginia that describes how our state intends to use its share of NEVI Formula Program funds, which provides funding to states to strategically deploy electric vehicle (EV) charging stations and to establish an interconnected network to facilitate data collection, access, and reliability.

The West Virginia State House of Representatives passed HB4797 on February 23, 2022 by a vote of 96 to 2. We have assigned pluses to the nays because states should not accept funds that are unconstitutionally spent by congress. The 10th Amendment reserves powers not delegated to the federal government to the states or the people, and the federal government should not be involved in promoting electric vehicle infrastructure as if falls outside of its delegated powers and infringes on states’ rights.

Reduced Licensure  |  HB2008

HB2008 eases up on licensing requirements for plumbers, HVAC, and electricians.

The West Virginia State Senate passed HB2008 on March 17, 2021 by a vote of 17 to 16. We have assigned pluses to the ayes because oppressive and Marxist licensure requirements negatively affect the economy. Licensure requirements infringe on an individual’s ability to earn a living or jump into a profession. Licensure requirements lead to reduced competition, which leads to higher prices and reduced innovation.

Women’s Sports  |  HB3293

HB3293 prohibits biological males from participating on athletic teams or sports designated for biological females where competitive skill or contact is involved.

The West Virginia State House of Representatives passed HB3293 on April 9, 2021 by a vote of 80 to 20. We have assigned pluses to the ayes because this bill combats one of the radical Marxist ideas that the Left is promoting. This leftist indoctrination is brainwashing people to believe that they can choose their pronouns and that they can be transgender. Scientifically and biblically, there are two genders.

Women’s Sports  |  HB3293

HB3293 prohibits biological males from participating on athletic teams or sports designated for biological females where competitive skill or contact is involved.

The West Virginia State Senate passed HB3293 on April 8, 2021 by a vote of 18 to 15. We have assigned pluses to the ayes because this bill combats one of the radical Marxist ideas that the Left is promoting.  This leftist indoctrination is brainwashing people to believe that they can choose their pronouns and that they can be transgender. Scientifically and biblically, there are two genders.

Reduced Licensure  |  HB2008

HB2008 eases up on licensing requirements for plumbers, HVAC, and electricians.

The West Virginia State House of Representatives passed HB2008 on March 18, 2021 by a vote of 59 to 40. We have assigned pluses to the ayes because oppressive and Marxist licensure requirements negatively affect the economy. Licensure requirements infringe on an individual’s ability to earn a living or jump into a profession. Licensure requirements lead to reduced competition, which leads to higher prices and reduced innovation.