A West Virginia judge has ruled that parents can use religious beliefs to opt out of school vaccination requirements, allowing their children to attend class. The decision, issued by Raleigh County Circuit Judge Michael Froble, was based on the state’s 2023 Equal Protection for Religion Act. The ruling permits children of families objecting to the state’s compulsory vaccination law on religious grounds to attend school and participate in sports.
The judge found that the state’s policy prohibiting parents from seeking religious exemptions violated the 20,000 Equal Protection for Religion Act, signed into law by then-Gov. Jim Justice in 2023. West Virginia, which had previously allowed only medical exemptions, saw an executive order this year from Governor Patrick Morrisey allowing religious exemptions. However, the state Board of Education had voted to ignore the governor’s order, continuing to enforce existing vaccination requirements. The board suspended the policy pending an appeal before the state Supreme Court following the judicial ruling.
Morrisey praised the decision as a victory for families forced out of school due to their faith. The case involved a lawsuit by parents arguing that legislative authority, not executive orders, should determine vaccination policies. While legislative intent was considered, the judge emphasized that it was not absolute, and the ruling extends to a class action involving 570 families who had received religious exemptions. The judge noted that the exemptions would not significantly impact vaccination rates or public health risks, and state law still mandates vaccines for several diseases before attending school. At least 30 states have religious freedom laws modeled on the federal Religious Freedom Restoration Act, enacted in 1993.