Parents seeking religious exemptions to school vaccines win reprieve in a West Virginia county
Raleigh County Circuit Judge Michael Froble issued a preliminary injunction less than a month before the start of the new school year. The ruling involves children whose parents sued and are claiming religious exemptions to a long-standing school vaccine mandate.
Morrisey issued an executive order upon taking office allowing such religious exemptions. But the board voted last month to direct public schools to ignore the order and instead follow school vaccine requirements that are laid out in state law and prohibit the exemptions.
Froble's ruling came in a lawsuit that was filed June 24. The injunction was limited to the three children of the plaintiffs who sued the state and local departments of education, and has no impact statewide.
Morrisey, who served as West Virginia's attorney general from 2013 until he was sworn in as governor in January, said he believes the religious exemptions to vaccinations should already be permitted under a 2023 law passed by the Legislature called the Equal Protection for Religion Act.
'Today's ruling is another legal victory in the fight for religious freedom,' Morrisey said in a statement. 'No family should be forced to choose between their faith and their children's education, which is exactly what the unelected bureaucrats on the State Board of Education are attempting to force West Virginians to do.'
The board said in a statement that it was disappointed by the ruling and that its members 'will decide next steps in the near future.'
The original lawsuit doesn't explain what specific religion the families follow. It was filed on behalf of parent Miranda Guzman, who identifies as a Christian and said that altering her child's natural immune system through required vaccinations 'would demonstrate a lack of faith in God' and 'disobey the Holy Spirit's leading.' The suit was later amended to add two other parents.
Most religious denominations and groups support medical vaccinations, according to the American Bar Association.
Vaccination mandates for public schools are seen as a way of to prevent the spread of once-common childhood diseases such as measles, mumps, whooping cough, chickenpox and polio. But due in part to vaccine hesitancy, some preventable and deadly diseases are on the rise. For example, the U.S. is having its worst year for measles spread in more than three decades.
Medical experts have long heralded West Virginia's school vaccination policy as one of the most protective in the country for children. State law requires children to receive vaccines for chickenpox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough before starting school.
Several states grant medical exemptions from school vaccinations. At least 30 states have religious freedom laws modeled after the federal Religious Freedom Restoration Act, signed in 1993 by then-President Bill Clinton. It allows federal regulations that interfere with religious beliefs to be challenged.
On Wednesday, a Kanawha County judge dismissed a separate lawsuit against Morrisey's executive order because it didn't give the required 30 days' notice prior to being filed. That lawsuit, filed on behalf of two Cabell County parents, will be allowed to be refiled. It alleged that only the Legislature, not the governor, has the authority to make such decisions.
During their regular session that ended in April, lawmakers failed to pass legislation that was introduced to allow religious exemptions for school vaccine mandates.
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The Hill
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Red states lead push for MAHA soda bans
Republican-led states are leading the charge to ban soda and candy from their food stamp programs, as Robert F. Kennedy Jr.'s 'Make America Healthy Again' (MAHA) movement flips traditional partisanship on its head. Colorado is the only blue state to seek and have a soda ban waiver approved, and the only waiver state to propose expanding SNAP benefits in conjunction with limiting its scope. Both parties at times have expressed interest in eliminating soda from the Supplemental Nutrition Assistance Program (SNAP), but the Trump administration is the first to encourage states to do so. Recent attempts at soda regulation have mostly been concentrated in blue cities. Former New York City Mayor Michael Bloomberg (D) infamously tried to ban the sale of supersized sugary drinks in 2013, prompting Republicans to decry his 'nanny state' tactics. With the healthy-eating push now under the MAHA branding, GOP states are jumping aboard. 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They are a chance for states to conduct the research that's been missing — if they want to find out. Barry Popkin, a professor of nutrition at the University of North Carolina School of Global Public Health, said he thinks waivers are toothless ways for states to show their MAHA bonafides. 'None of these states are doing more than pleasing MAHA, doing what's easy. They can do this internally. They don't have to go to the politicians [and pass laws],' Popkin said, 'Waivers do nothing except allow a state to say you can't buy junk food.' Experts said historically, Republicans who have wanted to ban soda from SNAP also viewed it as a way to trim spending on the program. Some advocates continue to view the latest push with skepticism. One of the groups pushing hard for state SNAP waivers is the Foundation for Government Accountability, a conservative think tank based in Florida that's been working for over a decade to reshape the nation's public assistance programs and significantly cut spending. Johnson said she is worried about a slippery slope. If fewer items are eligible for SNAP, she's concerned GOP leaders will use that as an excuse to cut back on people's monthly benefits. Priya Fielding-Singh, director of policy and programs at the George Washington University's Global Food Institute, said there could be benefits in trying to focus SNAP purchases on healthy food. But it's hard to look at a soda-and-candy ban in isolation, she said. The Agriculture Department slashed about $1 billion in funding that let schools and food banks buy food directly from local farms and ranchers. The White House is proposing deep cuts to fruit and vegetable benefits under the WIC program (Special Supplemental Nutrition Program for Women, Infants, and Children). The GOP's new tax cut law is projected to cut $186 billion from SNAP in the next decade and disqualify millions from eligibility. 'It's hard to separate the soda ban from the larger political efforts to shrink SNAP overall. So are these bans about promoting health or are they about shrinking SNAP? And I think the distinction really matters,' Fielding-Singh said. She added that any moves to restrict what people can buy with SNAP should be paired with efforts to give people the 'means and access and resources to eat more healthfully.' But so far, none of the red state waivers does that. Gov. 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an hour ago
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US Rep. Mrvan makes pitch to maintain Winfiled's postal substation
U.S. Rep. Frank J. Mrvan, D-Highland, continues to seek answers regarding the U.S. Postmaster General's decision in late May to close the Winfield contract postal unit. Mrvan, in his most recent inquiry, sent a letter on July 30 to United States Postmaster General David Steiner regarding the termination of the contract postal unit located in Winfield set for closure on Sept. 30. 'The planned closure of the Winfield (CPU) could hinder my constituents' ability to access convenient, reliable, and efficient postal services. I urge Postmaster General Steiner to clarify the postal service's reasoning for the termination of the Winfield CPU contract, provide a public comment period to allow community members to express their concerns and reconsider this decision,' Mrvan said in his letter. Other local, county and state representatives have also continued to seek answers, including Winfield Town Council President Zack Beaver and Winfield Township Trustee Cody Reynolds. 'It's pretty straightforward to me. I'm thankful that Congressman Mrvan has heard the appeal from his constituents in Winfield and was willing to write that letter. I'm not overly optimistic that this will reverse the course on the closure but if successful, it will be a pleasant surprise for a number of Winfield residents,' Beaver said. Reynolds said he sent letters early on, in support of keeping the post office, as have other representatives, including Lake County Republican Chairman Randy Niemeyer; State Rep. Julie Olthoff, R-Crown Point; State Sen. Rick Niemeyer, R-Lowell; and Lake County Commissioner Jerry Tippy, R-3. Ideally, given that the Winfield area is one of the fastest growing in the state, Reynolds would like to see residents have their own post office and not just a contract postal unit. 'I'd like to see this (letter) be an initiation of a conversation so that the town of Winfield and Winfield Township can receive local postal services going forward. We need full services,' Reynolds said. Reynolds said he understands the idea of making things more efficient but this boils down to the allocation of resources. 'Why should a community of some 15,000 (the population of Winfield and LOFS) be forced to drive to the Leroy post office, of 200-400 people, and it's not even full service, since it's only open four hours a day during the weekdays,' Reynolds said. Notice of contract termination was emailed by a U.S. Postal Service official in late May to Amy Culver, the customer service agent for the post office, and George and Diane Smith, owners of the building, which shares space with U-Haul Rentals. Susan W. Wright, Strategic Communications Specialist for the U.S. Postal Corporate Communications, responded with the following email when asked the reason behind the termination: 'The Postal Service sometimes contracts with retailers to host Contract Postal Units, or CPUs, within a retail establishment, operated by the retailer's employee. CPUs can provide communities with expanded access to postal services, but they are not operated by the Postal Service. In all instances, CPU agreements may be terminated by either party upon 120 days' written notice.' 'In the case of the Winfield CPU at 8380 E. 109th Ave., Crown Point, the Postal Service determined the nearby postal facilities are able to fully serve the community and the CPU was no longer needed.' Wright could not be immediately reached for comment on Friday. Culver and the Smiths, at the time, said they were blindsided by the email notifying them of the 120-day termination since they thought all was well. 'This came out of nowhere,' Culver said. The U-Haul Rentals and the post office had a 'permanently closed' sign on the front door on Friday morning during a drive-by of the property. Diane Smith, when contacted at home, said the post office and U-Haul were both closed on Aug. 6 because Culver, who managed both businesses, had gotten another job. In addition, postal officials have removed all their equipment from the building, which will be used as offices for the Smiths and their daughter. 'It's really sad,' Smith said. Mrvan, in his latest letter to the postmaster general, asked for answers to several questions, including: — Why was the Winfield CPU specifically selected for termination? Is this an isolated incident, or is it part of a wider USPS effort to terminate CPU contracts? — Given the USPS stated goal to improve 'efficiency,' what is the projected economic impact of the Winfield CPU closure on USPS? — What are the current average wait times for customers at the Leroy and Boone Grove post offices, and how is the closure of the Winfield CPU expected to affect wait times? — Local elected officials in Winfield Township have expressed their concerns that USPS is also having discussions about closing the Leroy Post Office, which would significantly exacerbate the impact of the Winfield CPU closure. Can you provide assurances regarding the continued operation of the Leroy Post Office and other nearby post offices operating in Indiana's First Congressional District? — While there is no statutory requirement that USPS provide a public comment period before CPU closures, I believe it is critical to gather stakeholder input and conduct an impact assessment before proceeding with the decision. 'On behalf of my constituents, I urge you to provide detailed answers to the above questions, conduct a stakeholder-driven impact assessment of this decision, and reconsider the planned closure of the Winfield CPU. I look forward to your prompt response, and stand ready to work together to ensure continued access to efficient, reliable and convenient postal services for residents of Indiana's First Congressional District,' Mrvan said in his letter. The Winfield postal substation was opened in April 2021 and before that, was housed for many years inside the former Fagen Pharmacy, now CVS Pharmacy, 10809 Randolph St., before Fagen's closed in 2017. The town of Winfield and nearby unincorporated Lakes of the Four Seasons, which use a Crown Point ZIP code, have mail delivered through the Crown Point Post Office on Summit Street in Crown Point.
