West Virginia Judge Rules on Vaccine Exemptions for Religious Beliefs
On Wednesday, a circuit judge in West Virginia declared that parents can rely on their religious beliefs to exempt their children from school vaccine requirements. This decision came from Raleigh County Circuit Judge Michael Froble, who issued a permanent injunction allowing children from families with religious objections to attend school and engage in extracurricular activities.
Judge Froble’s ruling highlighted that a state policy which prevents parents from requesting religious exemptions is in violation of the Equal Protection for Religion Act, a law that Governor Jim Justice signed in 2023. Prior to this, West Virginia was one of the few states that allowed only medical exemptions for vaccines. Earlier this year, Governor Patrick Morrisey signed an executive order to include religious exemptions.
Despite this ruling, the West Virginia Board of Education decided in June to keep enforcing existing vaccine requirements, telling public schools to disregard the governor’s order. Following the judge’s decision, the Board announced it would hold off on compulsory vaccination rules while awaiting a Supreme Court appeal.
Governor Morrisey termed the ruling a “win for every family forced from school over their faith.” This decision came in response to lawsuits from two groups that argued that only the legislature, not the governor, has the power to implement such exemptions.
The legislation that sought to permit religious exemptions was passed by the state Senate but was rejected by the House of Delegates earlier this year. Judge Froble noted that the lack of legislative approval does not limit the enforcement of the 2023 law. He clarified that lawmakers’ intentions do not solely guide the interpretation of law.
One parent, who had previously obtained a religious exemption, found herself in a dispute when the local school superintendent rescinded the exemption through an email. In July, Judge Froble temporarily allowed children from three families in Raleigh County to return to school.
Judge Froble has since recognized the case as a class action, impacting approximately 570 families seeking similar exemptions across the state. He stated that the number of exemptions would not significantly affect overall vaccination rates or pose a health risk.
State law mandates that children be vaccinated against several diseases before attending school, including chickenpox, measles, and polio, among others. Currently, at least 30 states have similar laws protecting religious freedoms concerning vaccinations, based on a federal act from 1993 aimed at safeguarding religious beliefs.
