Governor Patrick Morrisey is trying to force the state school system to abide by his executive order expanding exemptions for mandatory school immunizations. In doing so, he apparently believes that his authority is greater than state law, the will of the Legislature and sound science.
First the background:
Morrisey signed an executive order just days after taking office in January allowing for exemptions to compulsory school immunizations based on “religious and moral beliefs.” West Virginia is one of a handful of states that does not allow for exemptions, except for medical reasons.
State legislators who supported the broadened exceptions attempted to codify them in state law during the recent session. However, they failed as news of a measles outbreak in Texas spread and a number of Republicans joined Democrats in opposition to the bill.
Last Friday, State School Superintendent Michelle Blatt issued a memo to county school superintendents telling them that the state law requiring the bank of shots and allowing for medical exemptions had not been changed. However, just hours later, at Morrisey’s directive, Blatt did an about face, saying counties should honor religious exemption requests.
There are serious flaws in Morrisey’s logic.
First, West Virginia Code 16-3-4 requires children entering school to be immunized against chickenpox, hepatitis-b, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough. It only allows for a medical exemption.
Second, the state legislature, after considerable debate, did not change the law. It soundly rejected the bill to expand the exemptions. So Morrisey, a Republican, could not get the bill through the legislature even though Republicans have super majorities.
Third, the legal justification for Morrisey’s executive order is based on the state’s Equal Protection for Religion Act of 2023. That law is designed to give individuals legal standing if they believe the government has infringed on their religious freedom. It says nothing about empowering a Governor to take an executive action.
Fourth, the existing law has served West Virginia well. According to the Centers for Disease Control, as of May 1, a total of 935 confirmed cases of measles have been reported by 30 states, but none in West Virginia. “Measles isn’t just a little rash,” reports the CDC. “Measles can be dangerous, especially for babies and young children.” It can also lead to long-term health issues including brain swelling and even death.
Fifth: A study published in the National Library of Medicine at the National Institutes of Health found, “Vaccines are considered one of the most important advances in modern medicine and have greatly improved our quality of life by reducing or eliminating many serious infectious diseases.”
Sixth, West Virginia already provides options for parents who do not want their children immunized. They can be home schooled or attend a private school that does not require the shots. The Hope Scholarship even allocates around $5,000 to families to pay for costs associated with private schooling. (It is worth noting that the Wheeling-Charleston Diocese, which operates 24 schools in the state, has stated it will not accept religious exemptions for immunizations.)
Morrisey is way out over his skis here by trying to force an action that is beyond his authority, against public sentiment, incongruous with science and unnecessary. This executive order is headed for a court challenge, and it is likely Morrisey will lose.