The West Virginia Senate passed a bill providing religious and philosophical exemptions to West Virginia’s school vaccination requirements.
Most of the discussion on the Senate floor on Friday came from lawmakers arguing against passage of the bill, but the passage vote was overwhelmingly in favor, 20-12 with two absences.
The bill now moves to the House of Delegates for consideration.
Right now, West Virginia students entering school for the first time must show proof of immunization against diphtheria, pertussis, tetanus, polio, measles, mumps, rubella, varicella, and hepatitis B unless properly medically exempted.
“These are preventable childhood diseases,” said Senator Tom Takubo, R-Kanawha, a pulmonologist who argued against passage of the bill.
“Right now we have a wall protecting West Virginia, the children of West Virginia.”
SB 460, introduced on behalf of the governor, would allow religious exemptions to the state’s school vaccinations if parents or legal guardians object on legal grounds.
To qualify for the exemption, families would submit an annual written statement requesting a religious or philosophical exemption about required vaccines.
A major part of the legislative debate has been about whether private, religious schools would have to accept the exemptions.
The Catholic church in West Virginia is continuing to watch legislative developments.
“The Diocese of Wheeling-Charleston is monitoring the current legislation. We have always maintained our constitutional right to order our schools as we see fit in accord with our beliefs,” said Tim Bishop, communications director for the diocese.
Senator Ryan Weld, R-Brooke, argued against the bill on Friday and began by saying “religious liberty for me but not for thee.”
Weld earlier offered an amendment against making private and parochial schools comply with the exemptions He said those schools should be allowed to comply with existing West Virginia requirements if they choose.
Senate Minority Leader Mike Woelfel, D-Cabell, also argued against passage of the bill. He contended making religious schools comply with the exemptions will violate the Constitution. He foresees a successful lawsuit against the policy. “I urge a no vote.”
Senator Jack David Woodrum, R-Summers, said he’d heard almost no arguments in favor of the bill on religious grounds.
“I find it offensive that this bill has been packaged as some sort of religious exemption,” he said.
“To me this is a philosophical exemption.”
Senator Patricia Rucker, R-Jefferson, spoke in favor of the bill. She said current West Virginia law prohibits unvaccinated children from participating in school and activities. She suggested that current law is overly burdensome on individuals.
Senate Health Chairwoman Laura Wakim Chapman, R-Ohio, made the final statements in favor of the bill’s passage.
Part of the case she made had to do with medical exemptions, rather than religious or philosophical ones. The bill does provide more leniency for medical exemptions.
“I’ll tell you who does want this bill — mothers who have seen their children harmed by these vaccines,” Chapman said. “We’ve all had these mothers show up at our door.”
Chapman said current law already applies to private schools, grouping them with all of the other schools that have to abide by vaccine requirements, so she maintained it is consistent to include them if the current law is changed to require exemptions to be accepted.
She said the balance is whether to put the rights of any religious entity over the rights of the individual and their religious beliefs.
“We have no business trampling on a child’s religious beliefs for a fundamental right to have an education,” Chapman said.
Her colleague, Senator Takubo, said passage of the bill is a mistake. He said that with most laws if there is a mistake it can be cleared up through additional legislation.
But in this case, he said, “You can’t bring back a child. You can’t bring back a grandson or a granddaughter.”