The American Civil Liberties Union (ACLU) is suing West Virginia over its policy that enables students to receive religious exemptions from vaccines required for school attendance.
West Virginia Gov. Patrick Morrisey in January directed health officials to let families receive religious exemptions from shots mandated for school attendance if they sign a document establishing their objections.
Morrisey, a Republican, wrote at the time that forcing West Virginians to vaccinate their children despite religious objections “substantially burdens the free exercise of religion in violation of the inherent religious liberties guaranteed by the Constitutions of the United States and West Virginia.”
The governor cited how legislators in 2023 approved the Equal Protection for Religion Act, which says in part that no action from the state may “substantially burden a person’s exercise of religion” unless it is essential to “further a compelling government interest.”
The ACLU said in its May 23 lawsuit, filed with the court in Kanawha County, that the state law pertaining to required vaccinations allows objections only on medical grounds. The law requires a doctor to certify that a child seeking an exemption has a contraindication to a vaccine.
The Equal Protection for Religion Act does not permit the governor to “unilaterally suspend acts of the Legislature,” the organization stated.
“Respondents are continuing to wantonly violate clear state law at the request of the Governor,” it stated.
The suit names as defendants health officials and agencies, including the West Virginia Department of Health. It was brought on behalf of two parents in the state who oppose the governor’s order.
The ACLU is asking the court to order the officials to fully comply with state law and not award any exemptions that conflict with the statute.
“Governors do not rule by decree,” Aubrey Sparks, legal director of the ACLU’s West Virginia chapter, said in a statement. “At the center of this lawsuit is who gets to make these decisions for our students. On this question, the state Constitution is clear that the authority lies with the Legislature, not the governor.”
The West Virginia Department of Health and Morrisey’s office did not respond to requests for comment by publication time.
In response to the pending lawsuits, the governor on May 9 said in a letter to parents, students, and officials that he would not be rescinding his order. He called on officials to work with state officials to “ensure that the religious rights of public-school students are protected and that those students are not denied access to public education because of their religious objections to compulsory vaccination.”
West Virginia before its governor’s January directive was one of just five states that did not give any exemptions for nonmedical reasons.
West Virginia law requires school students to be vaccinated against chickenpox, Hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus, and whooping cough.