A West Virginia judge has ruled that parents can use religious beliefs to opt out of school vaccine requirements, allowing children to attend school and participate in extracurricular sports. The decision, handed down by Raleigh County Circuit Judge Michael Froble, overturned a state policy that had barred religious exemptions. Froble determined that the state’s compulsory vaccination law violated the 2023 Equal Protection for Religion Act, which was signed into law by then-Gov. Jim Justice.
The ruling marks a significant shift in West Virginia’s approach to school vaccinations. Previously, the state only allowed medical exemptions, but Governor Patrick Morrisey’s executive order changed that. Despite this, the state Board of Education initially refused to comply, citing existing state law. The judge’s decision has led to a suspension of the compulsory vaccination requirements pending an appeal before the state Supreme Court.
The case was brought by two groups who argued that the legislature, not the governor, has the authority to make these decisions. However, Judge Froble ruled that the failure to pass the legislation did not determine the application of the 20,000 law. He emphasized that legislative intent, while a factor, is not absolute in interpreting the statute.
State law requires children to receive vaccines for chickenpox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus, and whooping cough before attending school. At least 30 states have religious freedom laws, modeled after the federal Religious Freedom Restoration Act, which allows federal regulations that interfere with religious beliefs to be challenged.