The state Supreme Court, with new justices aboard, will consider the heated question of whether West Virginia’s religious liberties law passed in 2023 directly affects the longstanding mandatory vaccinations law for the public school system.
The case focused on religious exemptions to mandatory vaccinations has matured for consideration by the court, meaning the court can now choose to decide the case on the merits without oral argument or set the case for oral argument and then decide it.
The most likely time period for the oral arguments would be this fall.
The court adjourned its winter and spring term on June 11. The next regular term of court does not begin until Sept. 2, when it will resume hearing oral arguments in selected cases.
When the court does resume oral arguments it will be with a reconstituted lineup of justices. Bill Flanigan and H.L. Kirkpatrick were sworn in last week after winning election to unexpired terms. They will join Chief Justice Haley Bunn and justices Bill Wooton and Charles Trump.
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 last 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 did not accept them.
In circuit court in Raleigh County last year, Judge Michael Froble ruled that the state’s school vaccine law should allow exemptions for people with religious objections. Froble’s order has been put on pause during an appeal.
The appeal matured following the submission of briefs by the plaintiffs, defendants and interested parties.
The most recent filing in the appeal was a reply brief by the plaintiffs, the state Board of Education, maintaining West Virginia’s school vaccination law represents a compelling interest in protecting children’s health. The filing contends its a stretch to “graft” the religious liberties law onto the vaccination law.
“The circuit court’s conclusion that it does was error, along with its rulings denying Appellants the ability to develop their case — a due process violation — admitting plaintiffs’ expert’s testimony, granting class certification, and issuing a statewide injunction,” wrote lawyers for the state board.
“This Court should leave intact the public health mechanism the Legislature adopted to protect West Virginia’s public school students and their communities, reverse the circuit court’s decision, remand, and direct the circuit court to deny Appellees’ requested relief.”