Kanawha has joined several other counties across West Virginia with a court case over religious exemptions to the vaccines required for public school.
And a case has been filed in magistrate court in Jefferson County as well.
Similar court cases have been playing out in Raleigh, Berkeley, Gilmer and Mineral counties. Judges have split so far on lawsuits from families suing over religious exemptions to mandatory school vaccinations. A permanent injunction case picks up again next week in Raleigh Circuit Court.
Late last month, the family of an elementary school student filed a complaint in Kanawha Circuit Court, asking for a temporary injunction to allow the student to attend public school.
The case has been assigned to Kanawha Circuit Judge Richard Lindsay.
The complaint contends the family acquired a religious exemption for school vaccines from the state Department of Health. The exemption from the health department is dated Sept. 15, three days before the date of the lawsuit filing. The first day of school for students in Kanawha County schools was August 20.
The Kanawha County school system did not allow the student to attend public school on the basis of the religious exemption, citing a directive from the state Board of Education.
The family contends that it is suffering irreparable harm through the loss of education.
Lawyers for the Kanawha County school board filed a response opposing the temporary injunction, saying West Virginia’s compulsory vaccination law does not explicitly provide for religious or conscientious exceptions.
“Indeed, the Legislature has repeatedly rejected bills attempting to create one, including in the most recent 2025 legislative session,” wrote lawyers for the Kanawha school board.
In Jefferson County, a family has filed in magistrate court to seek a temporary injunction and civil compensation of up to $20,000 over the denial of religious exemptions for five students. The defendants are the state and Jefferson County school boards.
The filing says the family submitted requests for religious exemptions. One student, who has an individualized education program status, was denied access to school on August 15. Two others were removed from school after three days of attendance on August 22.
Two more children “were called to the administrative office during school hours and informed they could not return without required vaccinations.”
The filing contends the students have been denied access to a fundamental public education. The filing describes additional irreparable harm, including the purchase of school supplies and clothing.