A Mineral County judge denied a preliminary injunction in a case where a family sought recognition of religious exemptions to the state’s school vaccination requirements, and a written order now filed in the case provides more insight about the judge’s reasoning.
The judge concluded that West Virginia’s religious freedoms law does not directly apply to the vaccine requirements in code, that there’s a compelling societal interest in promoting herd immunity and that families who contend they are being denied the right to education have other options like homeschooling.
This is one of several local court cases about religious exemptions in West Virginia schools. An elaborate permanent injunction hearing about religious exemptions in Raleigh County has been ongoing over several days this week.
And a Berkeley County case involving multiple families trying to assert religious exemptions from school vaccinations has had a hearing set for 3 p.m. Sept. 19 before Judge Michael Lorensen.
So while similar issues are being heard in individual county courtrooms, it’s certainly possible that judges will reach different conclusions about the balance of the law.
In a hearing in Mineral County on Friday, Judge Cody Pancake denied motions for a preliminary injunction and a temporary restraining order filed by a parent against the local school board and superintendent. The judge ruled from the bench, verbally.
A written order filed this week now lays out the judge’s reasoning. The order is not being linked here because the student’s name in the case is used throughout.
In the case, a parent sought recognition of a religious exemption for a 12-year-old student trying to attend middle school in Mineral County. The filing cited an executive order by the governor as well as the earlier rulings in Raleigh County.
The student had previously attended Mineral County schools and had the vaccinations required for those earlier grades, but withdrew to receive homeschooling for a period of time. But the student was attempting to return to public schools for the seventh grade and the family objected to the vaccines required for entry for that grade.
The court order conveyed that the judge has no doubt about the father “may have a religious belief that precluded him from allowing” the student to receive further vaccinations, even though the boy had received them in the past.
But the judge’s order took note that state lawmakers have considered amendments to the compulsory immunization law to provide for a religious exemption: “however, the West Virginia Legislature has not so amended the Compulsory Immunization Law, despite multiple attempts to do so.”
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.
Gov. Patrick Morrisey’s administration and lawyers for families seeking religious exemptions to school vaccination requirements have consistently cited West Virginia’s “Equal Protection for Religion Act,” which went into law in 2023.
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.
That’s an interplay that judges in several county courthouses are now interpreting.
In Mineral County, Judge Pancake concluded “the clear language of the Compulsory Immunization Law does not provide for a religious exemption.”
More broadly considering any interplay between the two laws, “The Court concludes that EPRA does not provide a religious exemption to the Compulsory Immunization Law.”
Judge Pancake noted that the Equal Protection for Religion Act recognizes exceptions for compelling government interests, “and the Court concludes that there is an overwhelming governmental interest in the widespread immunization of public schoolchildren and upholding the Compulsory Immunization Law.”
The order said the main purpose of the vaccination law is actually a compelling societal interest: to protect the health of public school children.”
Another aspect of what judges are considering is what loss families might experience if they are unwilling to accept the vaccinations required to attend public schools.
In the Mineral County case, though, the judge ruled that the student at the center of the local case has “other educational options in lieu of public education and, in fact, has availed himself of another option — homeschooling.”
Governor Morrisey has expressed support for families under the religious freedom act. This week, the administration’s health secretary, Arvin Singh, weighed in on the matter on social media.
Singh contended West Virginia is out of step with other states on religious freedoms to vaccination requirements, that the Trump administration and U.S. Health and Human Services Secretary Robert F. Kennedy Jr. support exemptions to vaccines, that there’s momentum in the courts and that there would be no harm to public health.
“The religious freedom law isn’t about changing broad vaccine requirements. We’re simply aligning with 45 states & all our neighbors by providing a religious exemption—ending our status as an extreme outlier,” Singh posted.
“The Trump Admin & HHS Sec. RFK Jr. strongly back this effort. Courts are siding with families. Religious freedom is law (EPRA)—WV is ensuring both laws are honored, w/ no harm to herd immunity.”