Gov. Patrick Morrisey opened access to the exemptions in January.
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.
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 Equal Protection for Religion Act does not permit the governor to “unilaterally suspend acts of the Legislature,” the organization stated.
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“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.
The West Virginia Department of Health and Morrisey’s office did not respond to requests for comment by publication time.
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.
