Gov. Patrick Morrisey expressed support for a mother’s lawsuit over the state’s current school vaccination requirements.
The lawsuit, filed today on behalf of a Raleigh County mother, marks the latest shot in an ongoing policy dispute. It asks for an injunction by July 25 to prohibit the state and county school systems from enforcing West Virginia’s compulsory vaccination law.
Morrisey, who has been pushing for religious exceptions to the vaccination law, expressed support for the lawsuit during an appearance in Beckley today, where he stood behind a podium with a “Protecting Religious Liberty” sign.
“This is about our core religious liberties,” Morrisey said, “and once you start giving that up that’s a pretty significant issue for our state and our country.”
Vaccination law vs religious liberty law
Morrisey’s administration has continued to stand behind an executive order issued during the governor’s first week in office. Morrisey described the basis as the “Equal Protection for Religion Act,” which went into law in 2023.
Morrisey had called for legislation this year specifically allowing West Virginia families to declare religious and philosophical exemptions to the state’s school vaccination requirements. However, on March 24, the House of Delegates voted 42-56 to kill a bill reflecting that policy.
So what remains in West Virginia code is a requirement that West Virginia students entering school for the first time show proof of immunization against diphtheria, pertussis, tetanus, polio, measles, mumps, rubella, varicella, and hepatitis B unless properly medically exempted.
A few weeks ago, Morrisey’s administration issued a directive for families wanting to pursue a religious exemption to send basic information to VaccineExemption@wv.gov, which is monitored by the state Bureau for Public Health.
In turn, the state Board of Education voted to direct Superintendent Michele Blatt to issue guidance to the county school systems that they follow the current compulsory school vaccination law that does not permit religious exemptions for students.
That set up a policy clash with the governor, who appoints members of the state school board to 9-year terms.
Today, Morrisey called members of the state school board an “unelected body” with “no political accountability.”
“I am not going to let an unelected body of bureaucrats stop and strip religious liberty protections that are afforded to them under West Virginia law, period,” Morrisey said today.
At the center of Morrisey’s argument is the “Equal Protection for Religion Act,” which became law in 2023. The Raleigh County judge initially assigned to the case, Todd Kirby, was a state delegate in 2023 and among the sponsors.
The policy lays out the ability of individuals who believe their religious rights have been violated to seek a claim in court. The law says no state action may burden an individual’s exercise of religion unless it’s essential to furthering a compelling governmental interest and is the least restrictive means of achieving that.
Because the law applies to individuals, Morrisey acknowledged of the executive branch, “We lack standing to file the suit.” He added, “But this family has the right to step up — and step up they are.”
Court argument on behalf of mother
The plaintiff is Miranda Guzman, described in the lawsuit as a widow trying to enroll her 4-year-old daughter in public school.
The lawsuit contends Guzman has sincere religious beliefs against vaccinating her child, based on her opposition to abortion and a connection between vaccines and fetal cells.
The American Academy of Pediatrics maintains that vaccines do not contain fetal cells:
“Some vaccines involve growing viruses in human cell cultures originally developed from two aborted fetuses in the 1960s. These cell lines are still going, so no new aborted fetuses are ever needed. Purification processes filter the vaccine during production, and no fetal tissue remains.”
The West Virginia lawsuit also says the mother believes “she must not tinker with” her daughter’s “God-given natural immune system.” And, “Plaintiff sought guidance from the Holy Spirit through prayer, and gained what she is certain is firm direction from the Holy Spirit that she must not vaccinate” her daughter.
The lawsuit contends the state’s policies are not the least restrictive means of ensuring protection from communicable disease.
The filing indicates Guzman attempted to enroll her daughter in public school and sent an email to ask about the vaccination policy: “I have been very confused and concerned with the latest news that I have heard from the state Board of Education and I want to know if Raleigh County will be accepting the religious exemption or not.”
The lawsuit indicates a response came from Raleigh County Superintendent Serena Starcher, who thanked her for the email and wrote: “Raleigh County Schools will follow direction provided by the West Virginia Board of Education at its recent meeting.
“As such, Raleigh County Schools will follow the law and accept medical exemptions only.”