Key Takeaways
- A West Virginia judge ruled that parents may claim religious objections to opt out of school vaccine requirements.
- The ruling says a state policy banning religious exemptions violates the 2023 Equal Protection for Religion Act.
- The State Board of Education has suspended its vaccination policy while appealing to the state Supreme Court.
- The case now covers a class of 570 families, with the judge noting exemptions remain a small share of students.
- Supporters frame the ruling as a protection of religious liberty; critics argue legislative authority is being bypassed.
State Court Rules West Virginia Must Allow Religious Exemptions to School Vaccine Requirements
A West Virginia court has cleared the way for parents to use religious beliefs to opt out of school vaccine requirements, issuing a permanent injunction that reshapes one of the nation’s strictest immunization policies.
According to reporting from the Associated Press and Fox News, Raleigh County Circuit Judge Michael Froble ruled that a state policy blocking such exemptions violates the Equal Protection for Religion Act, enacted in 2023.
Following the decision, the State Board of Education suspended its compulsory vaccination policy while preparing an appeal to the state Supreme Court.
Broader Context and Reactions
West Virginia had previously allowed only medical exemptions until Gov. Patrick Morrisey issued an executive order earlier this year authorizing religious exemptions. The Board of Education instructed schools to disregard that directive, prompting litigation from parents whose exemptions were revoked.
Froble later expanded the case to a class action involving 570 families, saying the exemptions would not significantly alter statewide vaccination levels.
Morrisey praised the ruling as “a win for every family forced from school over their faith,” while challengers argued that only the Legislature—not the governor—can alter vaccine requirements.
Find Out: How to become a teacher in West Virginia
Public Health Framework
State law still mandates vaccines for illnesses including measles, polio, hepatitis B, and whooping cough. Froble emphasized that legislative intent is “not absolute” when interpreting statutes.
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