In Charleston, West Virginia, legal action was initiated on Friday by two organizations contesting an executive order from Republican Governor Patrick Morrisey, which offers religious exemptions from mandatory vaccinations required for schoolchildren.
The American Civil Liberties Union (ACLU) of West Virginia and Mountain State Justice filed the lawsuit against the state’s health department and related agencies on behalf of two parents in Kanawha County. This legal move stems from one of several executive orders Governor Morrisey issued during his inaugural full day in office, which occurred last January.
The legal director of ACLU-West Virginia, Aubrey Sparks, emphasized in a statement that, “Governments are not meant to function through singular decrees. This lawsuit addresses who exactly has the authority to make such vaccination decisions for students, and according to our state Constitution, this power rests with the Legislature.” Presently, neither the governor’s office nor the state health department has commented on the lawsuit.
The disputed order disrupts a longstanding vaccination policy that has been commended by health experts as one of the most comprehensive for protecting school-aged children. By West Virginia state law, vaccinations against chickenpox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus, and whooping cough are mandatory for school attendance. Notably, COVID-19 vaccinations are not a requirement.
Earlier this year, the state Senate had passed legislation that, among other things, would allow religious exemptions for vaccines, but it faced rejection in the state’s House of Delegates. In May, State Schools Superintendent Michelle Blatt had advised county superintendents against admitting students who hadn’t received required vaccinations by the 2025-26 school year. However, this guidance was quickly retracted, allegedly at Governor Morrisey’s behest.
Governor Morrisey later reiterated his commitment to maintaining the executive order, noting that parents could pursue religious exemptions via the Bureau for Public Health. In recent months, a less encompassing vaccine exemption bill was vetoed by West Virginia’s previous governor, Jim Justice, which included exceptions for certain private and nontraditional public school students.
Governor Morrisey had served as the state’s attorney general for nearly a decade before his current governance. He argues that the Equal Protection for Religion Act, enacted in 2023 by the state legislature, implicitly endorses religious exemptions for vaccines. This legislation asserts that religious freedoms cannot be substantially burdened by the state unless a significant need to do so is proven. Morrisey believes there has been a failure to fully enforce this law as intended since its passing.
The lawsuit specifically represents Dr. Joshua Hess from Cabell County and Marisa Jackson from Kanawha County. Dr. Hess has an immunocompromised child, while Jackson’s child could face increased vulnerability to illness due to the declining vaccination rates within the community.
West Virginia, along with Mississippi, ranks among U.S. states with notably poor health metrics and life expectancy rates. Sarah Brown, executive director of Mountain State Justice, emphasized, “It is imperative for parents to have confidence in the safety of their children attending school. With the detrimental impact of relaxed vaccine laws manifesting nationwide, it’s crucial that our state’s legislative wisdom in maintaining strict vaccination requirements is not undermined by executive overreach.”