Kanawha County judge dismisses religious vaccination exemption lawsuit

by Lori Kersey, West Virginia Watch
October 17, 2025

A Kanawha County circuit judge on Friday ruled against a mother seeking a religious exemption to the state’s school compulsory vaccination law on behalf of her son.

Judge Richard Lindsay dismissed the lawsuit against the Kanawha County Board of Education, saying that the state’s school vaccination law — with no religious exemptions — passes the strict scrutiny legal standard that the government must meet when determining if its action is constitutional. 

“Vaccination of our children is a compelling state interest and it is pursuing the least restrictive means in order to satisfy that compelling interest and it is narrowly tailored to the extent that it is the only way possible to keep outbreaks of measles and other diseases and viruses… at bay,” Lindsay said. 

Nakesha Watson filed the complaint against the Kanawha County school board on behalf of KJ, III, her child. The state Bureau for Public Health granted KJ a religious exemption to the school vaccine requirements, but the school board is not letting him attend school without being vaccinated, according to the complaint. 

Watson, who’s acting as her own attorney, did not show up to a hearing originally planned for Wednesday nor to a rescheduled hearing Friday morning. 

The case is one of a handful filed against school officials on the basis of Gov. Patrick Morrisey’s executive order in January requiring the state to offer religious and philosophical exemptions for school vaccination requirements. The executive order is based on the state’s 2023 Equal Protection for Religion Act. Morrisey has argued that the school vaccination law should be read alongside EPRA to allow religious exemptions.

All states require students to be vaccinated against a series of infectious diseases including measles, chicken pox and polio. West Virginia has been one of only five to allow only medical exemptions to those requirements. Morrisey has not rescinded his executive order even though the Legislature this year rejected a bill that would have codified the exemptions. 

Lindsay on Friday further ruled that Morrisey’s executive order does not have authority in the matter. 

“The court also finds that the governor through his executive order is not empowered to make law,” Lindsay said. “That is empowered and entrusted by our state Legislature. And on three occasions since [Equal Protection for Religion Act] has become law, the Legislature has refused the amendment of the [Compulsory Vaccination Law] for religious and or philosophical exemptions. 

“It is the Legislature’s authority to make and or amend law and to pursue those and pass those exemptions, should they arise,” Lindsay said.

The ruling Friday comes just after a Raleigh County Circuit judge entered a ruling certifying that families across the state who have asked the state for a religious or philosophical exemption can be part of a class. Judge Michael Froble said he would enter a final ruling by the end of November on behalf of all the approximately 575 families who have asked the state Department of Health for religious or philosophical exemption.

In his order Thursday certifying the class, Froble defined the class as anyone who has sought, will in the future seek or has obtained a religious exemption to the state’s compulsory school vaccination law under the Equal Protection for Religion Act and those been denied access to school because of enforcement of the state’s school vaccination law. 

The class excludes those that have received final judgement for a similar lawsuit in another court. Parties who have filed lawsuits in other counties may join the Raleigh County class when they withdraw their pending claims with permission from the other court.

Froble in July granted a preliminary injunction allowing students in the Raleigh case to attend class with a religious exemption.

During that hearing, Froble ruled said the state’s mandatory school vaccine law is invalid without a religious exemption to the law. If there were any question, he said, the state’s Equal Protection for Religion Act makes it clear the law should make exceptions for religious beliefs. 

The issue seems destined to be decided by the state Supreme Court. The state Board of Education has already filed notice that it would appeal Froble’s July preliminary injunction ruling.

Speaking to reporters after the hearing, Corey Palumbo, an attorney representing the Kanawha County Board of Education, said Lindsay’s ruling was good. 

“I think he understands the clear language of the [compulsory vaccination law] does not provide for a religious exemption,” he said. “I think he understands the separation of powers argument. I think even if the EPRA does apply to the CVL, it passes strict scrutiny. So I think it’s a good ruling.”

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