West Virginia’s Supreme Court has reinstated the state’s school vaccination policy, pausing a lower court ruling that allowed religious exemptions for vaccine requirements.
The West Virginia Supreme Court has intervened in a legal dispute regarding school vaccination requirements, pausing a lower court ruling that permitted parents to cite religious beliefs as a basis for opting out of vaccinations necessary for their children to attend school.
On Tuesday, the state Supreme Court issued a stay on a decision made by Raleigh County Circuit Judge Michael Froble, who had ruled in favor of a class-action lawsuit. Judge Froble’s injunction stated that children whose parents refused vaccinations on religious grounds would be allowed to attend school and participate in extracurricular activities.
Following the Supreme Court’s decision, the West Virginia Board of Education announced the reinstatement of its vaccination policy. The board emphasized that it would not accept religious exemptions to compulsory vaccination laws until further guidance is provided by the Supreme Court.
In a statement, the board expressed its commitment to ensuring compliance with state vaccine laws and safeguarding the health and well-being of all students across West Virginia.
This legal battle began when the board temporarily suspended its vaccine mandate after Judge Froble’s ruling. The judge determined that the state’s prohibition on religious exemptions violated the Equal Protection for Religion Act, which was enacted in 2023 under then-Republican Governor Jim Justice.
West Virginia previously allowed only medical exemptions from school vaccinations. Earlier this year, Governor Patrick Morrisey, also a Republican, issued an executive order permitting religious exemptions. However, the state board voted in June to instruct public schools to disregard the governor’s order and adhere to established vaccination requirements outlined in state law.
Two groups subsequently filed lawsuits to challenge Morrisey’s order, arguing that the authority to establish such exemptions lies with the legislature rather than the governor. A legislative proposal to allow religious exemptions was passed by the state Senate but ultimately rejected by the House of Delegates earlier this year.
In his ruling, Judge Froble noted that the failure to pass the legislation did not negate the application of the 2023 law. He dismissed the defendants’ argument that religious exemptions could only be established through legislative action, stating, “Legislative intent is not absolute nor controlling in interpreting a statute or determining its application; at most, it is a factor.”
A group of parents initiated legal action against the state, local boards of education, and the Raleigh County schools superintendent. One parent had successfully obtained a religious exemption from the state health department and enrolled her child in elementary school for the current academic year. However, she later received an email from the local school superintendent rescinding that exemption.
Last month, Judge Froble certified the case as a class action involving 570 families who had received religious exemptions in other areas of the state. He indicated that the class action would also apply to parents seeking religious exemptions in the future.
Froble acknowledged that the total number of exemptions represented a small fraction of the overall student population and would not significantly impact vaccination rates or pose increased health risks.
State law mandates that children receive vaccinations for various diseases, including chickenpox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus, and whooping cough, before they can attend school.
At least 30 states have enacted religious freedom laws, which are modeled after the federal Religious Freedom Restoration Act signed into law in 1993 by then-President Bill Clinton. This federal law allows individuals to challenge federal regulations that interfere with their religious beliefs.
According to Fox News, the ongoing legal developments in West Virginia highlight the complexities surrounding vaccination policies and religious exemptions in the educational system.
Source: Original article