a west virginia judge On Wednesday, a court ruled that parents can use their religious beliefs to opt out of school vaccination requirements for their children.
Raleigh County Circuit Court Judge Michael Froble on Wednesday issued a permanent injunction that says children of families who object to the state’s mandatory immunization law on religious grounds will be allowed to attend school and participate in extracurricular sports.
Froblu found that the state’s policy prohibiting parents from seeking religious exemptions violates the Equal Religious Protection Act, signed in 2023 by then-Gov. Jim Justice.
When Gov. Patrick Morrissey issued an executive order granting religious exemptions earlier this year, West Virginia was one of a handful of states with medical-only exemptions for school vaccinations.
But the State Board of Education voted in June to direct public schools to ignore the governor’s order and follow long-standing practices. Vaccination requirements at school It is outlined in state law.
The commission announced in response to Wednesday’s ruling that it is “hereby suspending its mandatory vaccination mandate policy” pending an appeal to the state Supreme Court.
Morrissey said in a statement that the ruling is “a victory for all families who have been forced to withdraw from school because of their faith.”
The two groups had sued to block Morrissey’s order, arguing that the Legislature, not the governor, has the authority to make such decisions.
A bill allowing religious exemptions was approved by the state Senate earlier this year but died in the House of Delegates.
The judge ruled that the bill’s failure to pass does not determine the application of the 2023 law. He rejected the defendant’s argument that a religious exemption could only be established by legislative action.
“Legislative intent is not absolute and does not determine the interpretation or application of a statute. At best, it is a factor,” Frobl said.
A group of parents sued the state and local school boards, as well as the Raleigh County superintendent. According to the complaint, one parent obtained a religious exemption from the state health department to the vaccination requirement and enrolled his child in elementary school this school year before receiving an email from the local school superintendent in June revoking the certificate.
In July, Froble issued a preliminary injunction allowing the children of three Raleigh County plaintiff families to attend school this year.
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Froble last month certified the case as a class action lawsuit involving 570 families who received religious exemptions in other parts of the state. He said the class action lawsuit also applies to parents seeking religious exemptions in the future.
Froble said the total number of exemptions so far concern a small portion of the state’s student population and “will not significantly reduce vaccination rates or increase health risks.”
State law requires children to receive vaccines for chickenpox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus, and pertussis before attending school.
At least 30 states religious freedom law. The law is modeled on the federal Religious Freedom Restoration Act, signed by then-President Bill Clinton in 1993 and allowing people to challenge federal regulations that interfere with religious beliefs.
The Associated Press contributed to this report.
