Raleigh County, WV (WOAY) – In a final order entered today, Raleigh County Circuit Judge Michael Froble ruled in favor of several Raleigh County families who filed a lawsuit, seeking to enroll their children in public school without mandatory vaccinations.
The lawsuit was certified as a class action earlier this year, meaning that the ruling applies to families that have requested exemptions already, as well as any that request them in the future.
In his order, Judge Froble said keeping unvaccinated children out of public schools would cause significant loss of educational opportunities. He also found that mandatory vaccine laws without a religious exemption causes a substantial burden on religious beliefs.
Froble said the state did not prove that granting the nearly 600 requested religious exemptions would undermine public health.
The State Board of Education says it will comply with the ruling and suspend its policy on vaccine requirements until, quote, “Further proceedings on the issue before the West Virginia Supreme Court of Appeals.”
In a statement, Governor Patrick Morrisey said, “Today’s ruling is a win for every family forced from school over their faith. I will always take a stand for religious liberty and for the children of this state. I applaud the court for upholding West Virginia’s Equal Protection for Religion Act.”
Governor Morrisey also urged West Virginia lawmakers to codify religious exemptions to vaccines into state law. A bill to allow religious exemptions failed to pass in the last legislative session.
Governor Morrisey has been vocal in his support for religious exemptions to vaccines, publicly supporting legal challenges to West Virginia’s vaccine laws and penning an executive order directing the Department of Health to begin evaluating religious exemptions to vaccines.
The case will be appealed to the State Supreme Court.
Newswatch will continue to follow this case and will update you as we learn more.
