Judge Blocks West Virginia School Vaccine Mandate for Families Citing Religious Objections

West Virginia officials have suspended the state's school vaccination mandate after a judge ruled that parents may claim religious objections to opt their children out of vaccines required for school attendance.

Raleigh County Circuit Judge Michael Froble issued a permanent injunction in a lawsuit filed in June, finding that the state's policy barring religious exemptions conflicts with the Equal Protection for Religion Act enacted in 2023. His order allows children of families who object on religious grounds to attend classes and participate in extracurricular athletics.

Key developments and timeline

Earlier this year, Attorney General Patrick Morrisey issued an executive order in January permitting religious exemptions to the state's school vaccine requirements. In June, however, the state Board of Education directed public schools to ignore that order and to follow the longstanding statutory vaccine requirements instead. Following the judge's decision, the board announced it would suspend its compulsory vaccination policy while it appeals to the state Supreme Court.

Legal issues and the court's reasoning

Two groups had sued to challenge the attorney general's executive order, arguing that creating exemptions is the Legislature's responsibility. Judge Froble rejected the argument that religious exemptions can only be created by statute, writing that the failure of proposed legislation does not control how the 2023 law should be applied:

"Legislative intent is not absolute nor controlling in interpreting a statute or determining its application; at most, it is a factor."

Froble previously issued a preliminary injunction in July that allowed the children of the named plaintiffs in Raleigh County to attend school. Last month he certified the case as a class action covering 570 families who received religious exemptions elsewhere in the state and extending to parents who seek exemptions in the future. The judge noted that those exemptions represent a small fraction of the statewide student population and said they "would not meaningfully reduce vaccination rates or increase health risks."

Who brought the case

The lawsuit was filed by Miranda Guzman and other parents against the state and local boards of education and the Raleigh County schools superintendent. Guzman had obtained a religious exemption from the state health department and enrolled her child for the 2025–26 elementary school year; she says the local superintendent rescinded the exemption by email on June 17.

Public health context

State law requires children to be vaccinated against chickenpox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough before starting school — a set of requirements public health experts have long cited as among the strongest protections for children in the country. At least 30 states now have laws modeled on the federal Religious Freedom Restoration Act, which allows challenges to regulations that substantially burden religious exercise.

What happens next: The Board of Education has suspended enforcement of the compulsory vaccination policy while it appeals the injunction to the West Virginia Supreme Court. The outcome of that appeal will determine whether the injunction remains in place statewide.