WV Supreme Court halts ruling that would have allowed students religious exemption to vaccines

by Lori Kersey, West Virginia Watch
December 2, 2025

The West Virginia Supreme Court has temporarily suspended a ruling from a Raleigh County judge that would have allowed students to attend school with a religious exemption to the state’s school vaccination requirements. 

The court on Tuesday granted a stay of the proceedings in a Raleigh County lawsuit brought by families seeking a religious exemption. Judge Michael Froble’s ruling last week enjoined the state and Raleigh County boards of education from enforcing the school vaccination requirements on those seeking a religious or philosophical exemption.

“Upon consideration and review, the Court is of the opinion to, and does, grant the petitioners’ motion to stay,” the Supreme Court wrote. “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 state Department of Education had suspended the compulsory vaccination law Wednesday in response to the judge’s ruling. In response to the stay on Tuesday, the department reversed that suspension. It reinstated a directive to county boards of education not to accept religious exemptions to compulsory vaccination laws. 

“This directive will be in effect until the Supreme Court issues further guidance,” the Department of Education said in a news release. “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.”

In a text message to West Virginia Watch Tuesday, state school board President Paul Hardesty thanked the Supreme Court.

“Like I said several months ago, this critical issue will be determined in the proper venue by the proper people,” Hardesty wrote. “Today, our highest court in the state has spoken and they will take the issue from here.” 

The Raleigh County legal action, brought by residents Miranda Guzman and Carley Hunter on behalf of their children, is one of a handful of lawsuits filed in the state over West Virginia’s school vaccination law and religious freedom. 

All states require school students to be vaccinated against a series of infectious diseases, including polio, measles and chickenpox. West Virginia has been one of only five in the country that do not allow children to opt out of the vaccine requirements based on a religious or philosophical objection. The state has only allowed medical exemptions. 

Gov. Patrick Morrisey issued an executive order in January requiring the state Department of Health to allow religious exemptions. The order is based on the Equal Protection for Religion Act, a 2023 religious freedom law. Morrisey has not rescinded that order even though the Legislature earlier this year rejected a bill that would have added the exemptions to state law. 

According to the state Department of Health, as of Monday, 659 religious exemptions have been processed for the 2025-2026 school year. 

The state Board of Education earlier this year voted to instruct county boards of education not to accept religious exemptions.

Kanawha County Circuit Judge Rich Lindsay last month dismissed a lawsuit filed against the Kanawha County Board of Education, saying that the governor does not have authority to make laws. 

A Berkeley County judge in October denied issuing an injunction to nine families who wanted their religious exemptions recognized by the school board there, according to reporting by West Virginia MetroNews. Attorneys in that case said they would appeal to the state Supreme Court. 

The school board has filed a notice that it would appeal the Raleigh County case to the Supreme Court. 

In a statement Tuesday, Morrisey Press Secretary Drew Galang said the office is reviewing the court filing. 

“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,” Galang wrote.

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West Virginia Watch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. West Virginia Watch maintains editorial independence. Contact Editor Leann Ray for questions: info@westvirginiawatch.com.