BECKLEY – A circuit court judge has granted a permanent injunction that bars West Virginia officials from excluding students whose families claim religious exemptions to school vaccine requirements.
Froble
Shortly after Raleigh Circuit Judge Michael Froble’s November 26 final order was issued, the West Virginia Board of Education said it would follow the ruling until the matter is heard on appeal by the state Supreme Court.
The hot-button issue has been tied up in courts across the state for months, and the impact of the ruling changes how the state’s long-standing compulsory vaccination law can be enforced in regards to public health, religious freedom and authority of state agencies.
Nearly 600 families across the state have received religious exemptions to the vaccination laws. Froble’s 74-page ruling also granted declaratory relief to the families.
“Legislative intent is not absolute nor controlling in interpreting a statute or determining its application; at most, it is a factor,” Froble wrote.
He also said there is “no difference between a religious exemption and a philosophical exemption under the law.”
“The court believes that the compulsory vaccination law is not valid without a religious exemption; that statute itself is not constitutional and is invalid without a religious exception,” Froble wrote.
In a statement, the state school board said it “suspends the policy on compulsory vaccination requirements as outlined in W. Va. Code 16-3-4, pending further proceedings on the issue before the West Virginia Supreme Court of Appeals.”
Last month, Froble certified the case as a class action for those families and others that might seek exemptions in the future. Earlier this month, the state and Raleigh County school boards filed a writ with the state Supreme Court saying Froble exceeded his authority in granting class status.
The state school board already has filed an intent to appeal the case to the state Supreme Court. It has a December 12 deadline for that. The families seeking religious exemptions to be able to opt out of school vaccinations have until January 26 to file their response. Any response to that by the school boards would have until February 16 to do so.
The state’s vaccination law requires students entering school for the first time to show proof of immunization against diphtheria, pertussis, tetanus, polio, measles, mumps, rubella, varicella and hepatitis B unless properly medically exempted.
Morrisey
West Virginia previously has been one of only five states that do not allow religious exemptions for vaccines, but Gov. Patrick Morrisey issued an executive order in January requiring the state to accept such exemptions, linking EPRA with the vaccine law that was written in 1937 and doesn’t explicitly include religious exemptions. The Morrisey administration then directed families to apply for exemptions through the state health department, but West Virginia school systems have not accepted them.
The state Legislature voted down a bill this spring that would have written the religious exemption into state law, and the state Board of Education continues to tell county school boards to accept only medical exemptions as previously done.
EPRA allows citizens to sue if they think their religious beliefs are being suppressed, but it also includes other factors, such as if a compelling state interest exists. The school boards say the law applies to individuals but not groups, such as the class in a potential class action lawsuit.
In today’s ruling, Froble said the vaccination policies “substantially burdened plaintiffs’ religious exercise by forcing them to choose between vaccination and public education.” He ordered the school boards to allow children with religious or philosophical exemptions to “enroll in school, attend school or participate in extracurricular sports” regardless of their vaccination status.
“Today’s ruling is a win for every family forced from school over their faith,” Morrisey said. “I will always take a stand for religious liberty and for the children of this state. I applaud the court for upholding West Virginia’s Equal Protection for Religion Act. …
“Now is the time for the legislature to act. I am calling on every lawmaker to step forward and solidify this freedom for every West Virginian.”
Raleigh Circuit Court case number 25-C-230
