West Virginia judge allows religious exemptions to school vaccine mandate
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A judge in West Virginia ruled Wednesday that parents can use their religious beliefs to waive school vaccination requirements for their children.
Raleigh County Circuit Judge Michael Froble issued a permanent injunction Wednesday saying children of parents who object to the state’s mandatory vaccination law on religious grounds will be allowed to attend school and participate in extracurricular sports.
Froble found that a state policy prohibiting parents from seeking religious exemptions violated the Equal Protection of Religion Act, signed into law in 2023 by then-Gov. Jim Justice.
West Virginia was one of a handful of states that offered only medical exemptions from school vaccinations when Gov. Patrick Morrisey issued an executive order allowing religious exemptions earlier this year.
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West Virginia Governor Patrick Morrisey said the decision was “a win for every family forced to leave school because of their faith.” (Andrew Harnik/Getty Images)
But the state Board of Education voted in June to order public schools to ignore the governor’s order and comply with longstanding school vaccination requirements outlined in state law.
Following Wednesday’s decision, the board said it was “suspending the policy regarding mandatory vaccine requirements” pending an appeal before the state Supreme Court.
Morrisey said in a statement that the decision “is a win for every family who has had to leave school because of their faith.”
Two groups had filed a lawsuit to halt Morrisey’s order, arguing that the legislature, rather than the governor, has the authority to make these decisions.
Legislation allowing religious exemptions was approved by the state Senate and rejected by the House of Representatives earlier this year.
The judge ruled that a state policy banning parents from claiming religious exemptions violated the Equal Protection of Religion Act signed into law in 2023. (Julian Stratenschulte/dpa (Photo: Julian Stratenschulte/Image alliance, via Getty Images))
The judge ruled that failure to pass the law did not determine the implementation of the 2023 law. He rejected the defendants’ argument that religious exemptions could only be achieved through legislative action.
“Legislative intent is not absolute or controlling in determining the interpretation or application of a statute; it is at most a factor,” Froble said.
A group of parents sued state and local boards of education and the Raleigh County school superintendent. One parent had received a religious exemption from the vaccination requirement from the state health department and had enrolled her child in the elementary school for the current school year before receiving an email from the local school superintendent in June revoking the certification, according to the lawsuit.
In July, Froble issued a preliminary injunction allowing the children of the three plaintiffs’ families in Raleigh County to attend school this year.
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State law requires children to be vaccinated against chickenpox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough before going to school. (iStock)
Last month, Froble certified the case as a class action involving 570 families who benefit from religious exemptions in other parts of the state. He said the class action also applies to parents seeking religious exemptions in the future.
Froble said the total number of exemptions so far covers a small portion of the statewide student population and “will not meaningfully reduce vaccination rates or increase health risks.”
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State law requires children to be vaccinated against chickenpox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough before going to school.
At least 30 states have religious freedom laws. The laws are inspired by the federal Religious Freedom Restoration Act, signed by then-President Bill Clinton in 1993, which allows challenges to federal regulations that interfere with religious beliefs.
The Associated Press contributed to this report.
