Post by : Meena Ariff

The West Virginia Board of Education has opted to reinstate its school vaccination requirement following the state Supreme Court's decision to pause a lower court ruling that had allowed parents to cite religious objections to required vaccinations for school attendance.

Recently, Raleigh County Circuit Judge Michael Froble ruled in a class-action case that children from families opposing the state’s mandatory vaccination law on religious grounds could attend school and take part in extracurricular activities. This ruling was applicable to families with current exemptions, as well as those applying for exemptions going forward.

However, the state Supreme Court issued a stay on Froble’s ruling, putting a halt to its enforcement while the appeals unfold. Consequently, the Board of Education declared that it is “reinstating its directive to county boards of education not to acknowledge religious exemptions to compulsory vaccination laws,” which will remain in effect until further instructions from the Supreme Court. The board highlighted its commitment to enforcing compliance with vaccination laws to protect student health statewide.

Previously, the board had paused the vaccination requirement following Froble's ruling, which referenced the Equal Protection for Religion Act, enacted in 2023, enabling families to request religious exemptions under specific circumstances.

West Virginia was notable among states, permitting only medical exemptions for vaccinations prior to school attendance. Earlier this year, Governor Patrick Morrisey issued an executive order allowing for religious exemptions. However, the board subsequently directed schools to disregard this order, triggering lawsuits from organizations contending that the legislature, rather than the governor, should authorize such exemptions.

Judge Froble approved the lawsuit as a class action, including 570 families who had secured religious exemptions and extending to those seeking exemptions in the future. One of the plaintiffs, Miranda Guzman, had received a religious exemption for her child, only to see it later rescinded by a school superintendent.

West Virginia's vaccination mandates are among the strictest in the U.S., requiring vaccinations for chickenpox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus, and whooping cough before students can enroll in school.

This case highlights the ongoing national discussions surrounding religious exemptions to vaccination laws, with at least 30 states having religious freedom laws influenced by the federal Religious Freedom Restoration Act, which permits challenges to regulations that infringe upon religious beliefs.

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