County allows religious exemptions for school vaccinations in West Virginia
In the heart of the United States, West Virginia finds itself at the centre of a national debate on religious freedom and public health policies. The state's Equal Protection for Religion Act of 2023, which supports religious exemptions for school vaccination requirements, has been the subject of legal and political conflict.
Governor Patrick Morrisey, relying on this Act, issued an executive order allowing religious exemptions for student vaccination mandates. However, the West Virginia Board of Education initially directed schools to ignore this order and enforce vaccine requirements without exemptions.
The conflict came to a head in July 2025 when a Raleigh County judge issued a preliminary injunction endorsing the governor's position. This injunction permitted children of plaintiffs claiming religious objections to attend school without vaccinations, temporarily blocking enforcement of the Board’s stricter vaccine mandate. The ruling applies specifically to these children and their families, not statewide, but signals judicial recognition of the religious freedom protections under the 2023 Act.
Governor Morrisey argued that the Act ensures families cannot be forced to choose between religious beliefs and education, calling board resistance unlawful. The dispute illustrates an ongoing tension between state educational authorities and religious liberty advocates over school health policies.
The issue is part of a broader constitutional debate on religious freedom in public education. Courts have repeatedly upheld students’ religious rights in various settings, balancing those rights against public school policies. The Equal Protection for Religion Act aligns with this legal tradition by explicitly affirming religious protections against vaccine mandates in West Virginia schools.
Miranda Guzman, one of the parents involved in the lawsuit, identifies as a Christian and believes altering her child's natural immune system through required vaccinations would demonstrate a lack of faith in God and disobey the Holy Spirit's leading.
The lawsuit was filed against the state and local departments of education. A separate lawsuit against Morrisey's executive order was dismissed due to a lack of the required 30-day notice before being filed. This lawsuit, filed on behalf of two Cabell County parents, will be allowed to be refiled.
It's important to note that at least 30 states have religious freedom laws modeled after the federal Religious Freedom Restoration Act, allowing federal regulations that interfere with religious beliefs to be challenged. In West Virginia, state law requires children to receive vaccines for chickenpox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus, and whooping cough before starting school.
Despite vaccination mandates, some preventable and deadly diseases are on the rise, with the U.S. experiencing its worst year for measles spread in more than three decades. The vaccination mandates for public schools are aimed at preventing the spread of diseases such as measles, mumps, whooping cough, chickenpox, and polio.
The article does not provide information about the current status of the lawsuit filed on June 24, 2023, against the state and local departments of education. The original lawsuit does not specify the religion of the families involved.
In summary:
- The 2023 West Virginia Equal Protection for Religion Act establishes a legal basis for religious exemptions to school vaccination requirements.
- Governor Morrisey supports religious exemptions through an executive order grounded in this Act.
- The state Board of Education initially resisted these exemptions, leading to legal challenges.
- A recent court injunction supports religious exemptions for certain children pending further litigation.
- The issue is part of a broader constitutional debate on religious freedom in public education.
The implications highlight ongoing challenges in balancing public health policies with constitutionally protected religious rights in school settings.
- The West Virginia Equal Protection for Religion Act, enacted in 2023, extends religious exemptions for school vaccination requirements, a point contested in various legal and political arenas.
- The debate between state educational authorities and religious liberty advocates, concerning school health policies, is reflective of a broader constitutional question regarding religious freedom in public education.
- In support of their faith, parents such as Miranda Guzman file lawsuits, arguing that vaccination mandates infringe upon their religious rights and contradict their beliefs in health-and-wellness and mental-health.
