In a significant public health decision, West Virginia has reinstated its compulsory school vaccination mandate, putting an end to the acceptance of religious exemptions. This move comes after the state's Supreme Court issued a stay on a lower court ruling that had temporarily allowed families to opt out based on religious beliefs.
Court Intervention and Immediate Enforcement
The West Virginia Supreme Court's action temporarily blocks a decision by Raleigh County Circuit Judge Michael Froble. Judge Froble's ruling had permitted families to cite religious beliefs to bypass mandatory vaccinations for school attendance. The Supreme Court's stay pauses this injunction pending further appeals, effectively restoring the state's original strict policy.
Following the high court's intervention, the West Virginia Board of Education issued a directive to all county boards. They must no longer accept religious exemptions for required school vaccines. This directive will remain enforced until the Supreme Court provides additional guidance. The board stated its priority is to ensure compliance with state law and safeguard student health.
Political and Legal Backdrop
The legal tussle has its roots in a complex political landscape. For a long time, West Virginia allowed only medical exemptions from school vaccinations. In January, Republican Governor Patrick Morrisey issued an executive order permitting religious exemptions. However, the Board of Education instructed public schools to disregard this order in June.
This executive order was challenged by two groups who argued that the Legislature, not the governor, holds authority over vaccination policies. Earlier this year, legislation to allow religious exemptions passed in the state Senate but ultimately failed in the House of Delegates. Judge Froble noted that the legislature's failure to pass this bill did not prevent the application of the existing 2023 law that bars religious exemptions.
Impact on Families and Class-Action Lawsuit
The policy reversal has direct consequences for hundreds of families. Miranda Guzman is among the parents who filed a class-action lawsuit against the state, local school boards, and the Raleigh County schools superintendent after religious exemptions were rescinded. Guzman had initially received a certificate from the state health department for her child's enrolment for the 2025-26 school year, which was later revoked.
Judge Froble certified this lawsuit as a class action, involving 570 families and extending to future parents seeking religious exemptions. West Virginia's vaccine requirements are among the most comprehensive in the United States, mandating immunisation against chickenpox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus, and whooping cough.
The national context shows that at least 30 US states have religious freedom laws, modelled after the federal Religious Freedom Restoration Act of 1993. These laws allow individuals to challenge federal regulations they believe interfere with their religious beliefs. The outcome of West Virginia's legal battle will be closely watched as it balances public health mandates with religious freedoms.
