Charleston, WV (WOAY) – A Kanawha County Circuit Judge has dismissed a lawsuit filed against the governor’s executive order directing state schools to honor religious exemptions to mandatory vaccines.
Judge Kenneth Ballard ruled that the plaintiffs failed to provide thirty days notice to the state that they would be taking legal action, as required by state law. However, Ballard dismissed the suit without prejudice, which means it could be refiled. He declined to rule on the merits of the case.
The American Civil Liberties Union of West Virginia and Mountain State Justice brought the lawsuit on behalf of two West Virginia parents. They asked that the court stop education officials from enforcing Governor Patrick Morrisey’s executive order, which allows religious and philosophical exemptions to mandatory vaccines in schools.
Morrisey issued the executive order earlier this year. The legislature failed to codify the exemptions into law.
According to Governor Morrisey, the United States and West Virginia constitutions both ensure religious freedom, and that extends to vaccine exemption. In a statement posted to social media, Governor Patrick Morrisey said that this was the first step in a long legal battle.
“West Virginia is a radical outlier when it comes to onerous vaccine mandates — one of only 5 states in the nation without a statutorily-based, religious exemption. We do have an [executive order], based upon our state’s religious freedom law that is very strong and must be given meaning. Sadly, the state school board is ignoring this important law — they are overreaching and need to be stopped!” Morrisey said.
The next skirmish in the mounting legal battle over religious exemptions to mandatory vaccines is Thursday at 10 a.m. in Raleigh County, where Circuit Judge Michael Froble has scheduled a hearing in a lawsuit brought by a Raleigh County mother against the state and county boards of education.
In his order, Froble said that the matter is urgent, given the approaching school year.
Miranda Guzman, a Raleigh County mother, is suing both the Raleigh County and State Boards of Education over their mandatory vaccine policy. The State Board of Education is instructing county boards of education not to honor philosophical exemptions to mandatory vaccines, citing state law that only permits medical exemptions.
Governor Morrisey is supporting the lawsuit.
The legislature failed to enshrine that order into law in the last session. The Board of Education has said it is following the law as outlined by the West Virginia legislature.
We will have an update Thursday night.
