The Justice administration is now deciding whether to sign or veto controversial legislation that would expand the vaccine exemptions for some school students. HB 5105 would remove the vaccine requirement for students in virtual public schools and allow private and parochial schools to set their own vaccination standards. Currently, the only exemption is for medical reasons.
Governor Jim Justice is getting pressure from the medical community to veto the bill. The West Virginia Chapter of the American Academy of Pediatrics (WVAAP) sent a letter to Justice arguing if the bill becomes law, it will put children at risk of serious diseases.
“We need all the help we can get from policymakers at the state and jurisdictional levels to prevent any additional declines in childhood immunization rates,” the organization said. “HB 5105 represents a step in the wrong direction and works to counter our goals to protect our patients and the population at large from preventable and deadly diseases.”
This debate is unfolding as the country is witnessing outbreaks of measles. Newsweek reported earlier this month that measles cases have been reported in 17 states, including four of our border states—Ohio, Pennsylvania, Maryland and Virginia.”
The CDC reports more measles cases occur for two reasons—when an increased number of travelers bring measles here from abroad and when there are pockets of unvaccinated people in communities.
Those pockets are growing because of a steady relaxation of vaccine requirements. West Virginia is a healthier outlier because it is one of just five states that does not allow a vaccine opt-out for religious reasons. “West Virginia has been a shining example of how strong immunization laws ensure high immunization rates,” the WVAAP said in their letter.
Even if the Governor does sign the bill, the Catholic Church is going to hold fast to its position requiring vaccinations for the over 4,500 students in its 26 elementary and high schools in the state.
“We’re not going to change our practice,” Bishop Mark Brennan of the Diocese of Wheeling-Charleston said on Talkline. “It is really good for the children and the staffs, but also the Catholic way to contribute to the common good.”
That is a medically responsible decision, but who knows what could happen in the future if the bill becomes law? In addition, while this bill is limited, it opens the door to subsequent attempts by the legislature to broaden the exemptions. If the House version had passed it would have allowed exemptions if parents simply cited “religious reasons” without any further explanation.
Governor Justice successfully navigated the state through the pandemic by listening to the advice of medical experts. It would serve West Virginia well for him to follow the guidance of the medical community again and veto this bill.

