In a dramatic legal turnaround, the West Virginia Supreme Court of Appeals intervened on Tuesday, effectively reinstating the state's long-standing and strict school vaccination mandate. This swift action came just hours after the court issued a stay on a lower court's ruling that had briefly allowed parents to refuse mandatory vaccines for their children on religious grounds.
Supreme Court Intervention Forces Immediate Policy Reversal
The state's highest court issued a stay on the ruling made by Raleigh County Judge Michael Froble. Judge Froble's decision last week had created a temporary window, permitting families claiming religious objections to bypass immunization requirements for school attendance and extracurricular activities. The Supreme Court's stay will remain in effect while the legal appeals process moves forward.
Responding with remarkable speed, the West Virginia Board of Education convened and reinstated its directive that explicitly prohibits any religious exemptions to the state's compulsory vaccination laws. The board declared that its order would stand "until the Supreme Court issues further guidance," emphasizing its twin priorities of ensuring legal compliance and safeguarding student health across the state.
A Legal and Political Battle Over Authority
This episode is the latest chapter in an ongoing conflict over who has the power to set vaccine exemption policy in West Virginia. The controversy was ignited in January when Governor Patrick Morrisey issued an executive order permitting religious exemptions, a move unprecedented in a state that has never officially recognized such opt-outs.
In June, the Board of Education pushed back, instructing schools to ignore the governor's order. The board argued that only the state Legislature holds the authority to alter exemption policies. This standoff led to lawsuits from two groups challenging the governor's executive overreach.
While the state Senate passed a bill earlier this year to allow religious exemptions, the House of Delegates rejected it. Judge Froble's now-stayed ruling had argued that this legislative failure did not prevent the application of the 2023 Equal Protection for Religion Act, a law enacted under former Governor Jim Justice.
Class Action Lawsuit and a State's Public Health Legacy
The legal battle is expanding. A lawsuit led by parent Miranda Guzman, which challenges the revocation of religious exemptions previously granted by the state health department, was recently certified as a class action. This class action involves 570 families across West Virginia who had secured similar exemptions, and it also extends to parents who may seek them in the future.
West Virginia has long been viewed as a public health stronghold for its uncompromising immunization policies. State law mandates vaccination against a host of diseases—including measles, mumps, polio, and whooping cough—before a child can enter school, historically allowing exemptions only for medical reasons.
The Supreme Court's stay has, for now, restored this stringent regime. However, the state remains on the precipice of a defining legal showdown. The court's ultimate decision will determine whether West Virginia continues its decades-old tradition of strict vaccine mandates or is forced to accommodate religious exemptions for the first time. The outcome will resonate beyond state borders, shaping debates on public health and religious liberty across the nation.
A spokesman for Governor Morrisey, Drew Galang, stated on Tuesday night that the administration is reviewing the Supreme Court's order.
