The state Supreme Court has pumped the brakes on a Raleigh County circuit judge’s recent ruling in a case with statewide implications about religious exemptions to West Virginia’s school vaccination requirements.
“Upon consideration and review, the Court is of the opinion to, and does, grant the petitioners’ motion to stay,” the court wrote in an order today.
“Enforcement of the circuit court’s November 26, 2025, ‘Findings of Fact, Conclusions of Law, and Order Granting Permanent Injunction and Declaratory Relief‘ and any further proceedings in circuit court are stayed pending resolution of this petition for a writ of prohibition.”
The stay would apply as the Supreme Court moves to review what has happened up to now in the Raleigh County courtroom.
State school board President Paul Hardesty said he would like “to thank the court for calming the chaos so these important issues can be resolved thoughtfully and deliberately.
“They will address and bring clarity to multiple issues — the issue of compulsory vaccines and judicial authority.”
In a 74-page Thanksgiving week order, Circuit Judge Michael Froble granted permanent injunctive and declaratory relief to families who want the public school system to accept religious exemptions processed by the state health department.
Froble’s order permanently enjoined the the West Virginia Board of Education and the local school board from enforcing the compulsory vaccine law or related policies against the plaintiffs and members of the class.
Specifically, he said the school authorities should not prevent the children from enrolling in school, attending school, or participating in extracurricular sports because of their vaccination status.
Attorneys for the state and local school boards signaled weeks ago that they would appeal the local judge’s rulings to the state Supreme Court. They had asked for a stay in mid-November, but the Supreme Court did not act until after the judge’s final order was filed.
“In light of the West Virginia Supreme Court’s stay of the class certification order and the permanent injunction order entered in Raleigh County Circuit Court, the West Virginia Board of Education is reinstating its directive to county boards of education not to accept religious exemptions to compulsory vaccination laws,” the board stated today.
“This directive will be in effect until the Supreme Court issues further guidance. Our priority is to ensure compliance with W. Va. Code §16-3-4 and safeguard the health and well-being of all students across West Virginia.”
The case before Froble, who is in his first year on the bench, at first involved a couple of Raleigh County families wanting to send their children to local schools on vaccination exemptions.
But then Froble certified a class action for more than 570 families who have sought and received religious exemptions to school vaccination laws. The certification also affects families who might seek such exemptions in the future.
West Virginia’s compulsory vaccination law means 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 issued an executive order earlier this year linking the Equal Protection for Religion Act with the vaccine law, which has no explicit religious exceptions.
The religious protections law gives citizens the right to sue if they believe their deeply held beliefs are being suppressed. But the law includes additional factors to weigh, including whether a compelling state interest exists to uphold a policy under the least restrictive means.
The Morrisey administration directed families to apply for exemptions through the state health department, but West Virginia school systems have not accepted them.
“Our office is currently reviewing the order,” Drew Galang, press secretary for Morrisey, said in response to today’s stay by the Supreme Court.
“Whether we prevail in the courts or prevail with the legislature, West Virginia will ultimately join the other 45 states that protect and defend religious liberty and will no longer be such an outlier on vaccine policy.”