West Virginia Starts Allowing Religious Exemptions to Mandated Vaccines

West Virginia’s Board of Education is now allowing students to opt out of vaccine requirements through religious exemptions, following a judicial order.

The board on Nov. 26 said it was suspending its policy on compulsory vaccination requirements in light of an order that day from West Virginia Circuit Judge Michael Froble.

The judge wrote in a 74-page ruling that the Board of Education’s previous choice to deny all requests for religious exemptions “substantially burdened Plaintiffs’ religious exercise by forcing them to choose between vaccination and public education.”

While state officials have a compelling interest in protecting health, that interest can still be achieved by allowing religious exemptions, Froble said, citing how just 570 requests have been made. Those “constitute a small fraction of the statewide student population and would not meaningfully reduce vaccination rates or increase health risks,” the judge wrote.

The ruling applies to all people and families in the state who have sought or will seek religious exemptions.

West Virginia law requires school students to be vaccinated against chickenpox, Hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus, and whooping cough.

The law only outlines exemptions on medical grounds, including when students have a contraindication to a certain required vaccine. State lawmakers have attempted, but failed, to add religious exemptions to the law, although in 2023, they approved the Equal Protection of Religion Act, which says that state actions may not generally substantially burden a person’s exercise of religion.

West Virginia Gov. Patrick Morrisey, after taking office in January, issued an order that under the law, state officials must approve religious exemptions to vaccines required to attend schools.

However, the state’s Board of Education said that schools should continue to deny religious exemptions, prompting lawsuits.

Morrisey said in a statement that the Nov. 26 ruling “is a win for every family forced from school over their faith.” He also called on state legislators to codify religious exemptions to vaccine requirements in state law.

Forty-five states, in addition to West Virginia, and the District of Columbia currently grant exemptions on nonmedical grounds, primarily on religious or philosophical grounds. California, Connecticut, Maine, and New York currently do not accommodate nonmedical grounds. All states grant medical exemptions.

U.S. Health Secretary Robert F. Kennedy Jr. has said he backs Morrisey regarding religious exemptions and urged state legislators to take action. The U.S. Department of Health and Human Services recently told states that participation in a federally funded child vaccination program must honor exemption requests on religious grounds as outlined in state laws.