Judge Rules Schools Cannot Ban Unvaccinated Students for Religious Exemptions

A significant ruling has emerged from West Virginia regarding vaccination policies in schools. Today, a Raleigh County circuit judge delivered a decision with broad implications for religious exemptions related to vaccination requirements.
Judge’s Ruling on Unvaccinated Students
Circuit Judge Michael Froble issued a 74-page order, providing permanent injunctive and declaratory relief. This ruling permits families to have their religious exemptions recognized by the state’s public school system. Specifically, more than 570 families who have already applied for these exemptions are directly affected.
Background of the Case
The case began with several families in Raleigh County seeking exceptions to the compulsory vaccination law. Under West Virginia law, students must provide proof of immunization against diseases such as diphtheria, measles, and polio when entering school. However, there were no clear provisions for religious exemptions, leading families to challenge the system.
Governor’s Statement
Governor Patrick Morrisey supported the ruling, emphasizing the importance of religious liberty. He stated, “Today’s ruling is a win for every family forced from school over their faith.” The governor also highlighted the connection between the Equal Protection for Religion Act and West Virginia’s vaccine laws.
Class Action Certification
Judge Froble’s ruling not only impacts the involved families but also extends to future applicants for religious exemptions. The judge certified a class action representing over 570 families, thereby strengthening their position against the compulsory vaccination law.
Impact on School Policies
The West Virginia Board of Education announced it would pause the enforcement of vaccine mandates pending a review by the state Supreme Court. This includes preventing schools from denying enrollment or participation in activities based on vaccination status.
Constitutional Considerations
- The judge recognized the importance of public health but found that the denial of exemptions did not align with the state’s compelling interest.
- Froble noted the minimal impact of granting these exemptions, as they represent approximately 0.2% of the public school population.
- He also pointed out that 45 other states offer similar religious exemptions and manage public health through alternative methods.
Conclusion
The court’s decision highlights the balance between public health policy and individual religious rights. Families in West Virginia are now afforded greater access to educational opportunities based on their beliefs, while the debate over vaccination laws continues.




