**West Virginia Reinstates School Vaccination Mandate After Supreme Court Ruling**
CHARLESTON, W. Va. — The West Virginia Board of Education reinstated the state’s school vaccination mandate on Tuesday, after the state Supreme Court paused a lower court decision that had allowed parents to claim religious exemptions from required immunizations.
Earlier in the day, the West Virginia Supreme Court issued a stay on last week’s ruling by Raleigh County Circuit Judge Michael Froble, who had granted an injunction permitting families to opt out of the state’s compulsory vaccination law on religious grounds. That ruling would have allowed unvaccinated children to attend public school and participate in extracurricular activities.
With the Supreme Court’s stay now in effect—and pending further appeals—the Board of Education announced it is reinstating its directive to county boards of education to not accept religious exemptions to compulsory vaccination laws. “This directive will be in effect until the Supreme Court issues further guidance,” the board said in a statement, emphasizing its priority to ensure compliance with vaccine laws and “safeguard the health and well-being of all students across West Virginia.”
Last week, the board had suspended the vaccine mandate in response to Judge Froble’s ruling, which declared that a state policy prohibiting religious exemptions violated the Equal Protection for Religion Act. This law was signed in 2023 by then-Governor Jim Justice, a Republican.
West Virginia has long been recognized for having one of the strictest and most protective school vaccination policies in the nation, historically offering only medical exemptions. The debate intensified in January, when Republican Governor Patrick Morrisey issued an executive order allowing religious exemptions to school vaccination requirements. However, in June, the Board of Education directed public schools to disregard Morrisey’s order, asserting that only the Legislature has the authority to make changes to exemption policies.
Two advocacy groups filed lawsuits over the executive order, arguing that the governor exceeded his authority. Earlier this year, the state Senate passed legislation to allow religious exemptions, but the measure was rejected by the House of Delegates.
In his ruling, Judge Froble stated that the Legislature’s failure to pass the bill did not prevent application of the 2023 Equal Protection for Religion Act. He rejected arguments from the state that only legislative action could create religious exemptions.
Morrisey’s office is currently reviewing the Supreme Court’s stay, according to spokesman Drew Galang.
The class-action lawsuit was brought by parent Miranda Guzman and others against the state, local boards of education, and the Raleigh County schools superintendent. Guzman had previously received a religious exemption from the state health department and enrolled her child for the 2025-26 school year. However, on June 17, the local superintendent rescinded her exemption via email.
Last month, Judge Froble certified the case as a class action, representing 570 families who had already obtained religious exemptions throughout West Virginia. The class also applies to any future parents seeking similar exemptions.
State law requires children to receive vaccines for chickenpox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus, and whooping cough before starting school.
The Supreme Court’s decision means religious exemptions will not be accepted for now, as the legal battle over West Virginia’s vaccination requirements continues.
https://abcnews.go.com/Health/wireStory/west-virginia-bans-religious-reasons-school-vaccine-exemptions-128057752
