CHARLESTON, W.Va. — On Friday, West Virginia senators approved a measure that seeks to eliminate one of the strictest vaccination policies in the United States by introducing an exemption for families who argue that mandated immunizations contradict their religious or philosophical beliefs.
If it passes the House, the bill is anticipated to receive endorsement from Republican Governor Patrick Morrisey, who has prioritized religious vaccination exemptions during his tenure.
Currently, West Virginia stands out as one of the few states nationwide that permits only medical exemptions for vaccinations. This policy has long been acknowledged by healthcare professionals as one of the most protective frameworks for children in the nation.
Supporters of the bill contend that not allowing exemptions infringes on constitutional rights and hinders children’s access to education. “Education is a fundamental right,” said Republican Senator Laura Wakim Chapman of Ohio County during the Senate debate. “We should not infringe upon a child’s religious beliefs in the quest for a fundamental right to education.”
Wakim Chapman, who chairs the Senate’s Health and Human Resources Committee, illustrated her point by displaying a poster showing West Virginia as one of just five states that currently disallow religious or philosophical exemption from vaccination mandates. She emphasized that the new law is in alignment with the regulations of the majority of other states, asserting, “This law is not just a demand from anti-vaxxers; I believe vaccines are safe and crucial for disease prevention.”
The proposed legislation would allow families to opt out of vaccinating their children if they present a written statement articulating their religious or philosophical objections to their child’s school, whether it be public, private, or religious. It would also modify the application process for medical exemptions by allowing healthcare providers to submit testimony that certain vaccines “are or may be detrimental to the child’s health or are not appropriate.” Presently, such medical exemptions need the approval of the state immunization officer.
Historically, West Virginia has boasted some of the highest vaccination rates across the country. A recent report by the U.S. Centers for Disease Control and Prevention highlighted that the state has the lowest exemption rate for kindergarten vaccinations and the highest overall vaccination rates among young children.
State law mandates immunizations for several diseases, including chickenpox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus, and whooping cough, prior to school enrollment. Notably, COVID-19 vaccinations are not a requirement in the state.
Last year, former Governor Jim Justice, who is now a U.S. Senator, vetoed a less comprehensive bill that would have exempted private and certain alternative school students from vaccination obligations. He noted the overwhelming opposition from licensed medical professionals as the basis for his decision.
Morrisey, who has previously served as West Virginia’s attorney general, argued that religious exemptions to vaccinations should have been recognized following the passage of a state law in 2023 dubbed the Equal Protection for Religion Act, which asserts that the government cannot “substantially burden” an individual’s constitutional freedom of religion unless there is a compelling interest to do so.
He expressed concerns that this law has not been “fully and properly enforced” and is seeking support from the Legislature to enshrine religious vaccination exemptions into law.
Opponents of the bill argue that the government has a significant interest in enforcing vaccination mandates for the welfare of children’s health. Some label the proposed legislation as an overreach of governmental authority, particularly regarding mandates in religious or private institutions.
The Diocese of Wheeling-Charleston, which oversees around 4,600 students, reiterated its commitment to maintaining vaccination requirements, stating that it has always respected its constitutional right to operate its schools in accordance with its beliefs. Tim Bishop, a spokesperson for the diocese, noted that it has historically mandated vaccinations.
Republican Senator Robbie Morris from Randolph County expressed his belief that individuals of faith should not be compelled to act against their beliefs due to the lack of a religious exemption. However, he argued that the current bill does not address this issue effectively, instead placing religious schools in a position where they cannot require vaccinations if it is a part of their faith. “This doesn’t grant religious freedom; it simply shifts the issue from one extreme to another,” he commented.
Senators dismissed various amendment proposals, including one that would enable churches or religious affiliations to maintain vaccination requirements in accordance with their faith. According to federal data released in October, kindergarten vaccination rates across the U.S. experienced a decline in 2023, with a notable increase in the percentage of children receiving exemptions.
