Lawsuit aims to stop enforcement of West Virginia's vaccine exemption order
CHARLESTON, W.Va. (WBOY) — The American Civil Liberties Union of West Virginia (ACLU-WV) and Mountain State Justice (MSJ) have filed a lawsuit of behalf of parents to stop Gov. Patrick Morrisey's executive order allowing vaccine exemptions in schools.
The order, which was signed in January, directed health officials to stop enforcing 'compulsory school immunization requirements,' for students who request a religious exemption. A bill to codify religious exemptions failed in the state legislature.
The lawsuit filed in Kanawha County Circuit Court claims that Morrisey does not have the authority to enforce his order since the state legislature did not pass the bill.
'Governors do not rule by decree,' ACLU-WV Legal Director Aubrey Sparks said in a press release. 'At the center of this lawsuit is who gets to make these decisions for our students. On this question, the state Constitution is clear that the authority lies with the Legislature, not the governor.'
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The parents behind the lawsuit include those with children who are particularly susceptible to illness. Previously, students had to receive a medical exemption to attend school without being vaccinated for chickenpox, Hepatitis-B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough.
'Parents should be able to know their child will be safe when they send them off to school,' Sarah Brown, MSJ Executive Director, said in the press release. 'We are seeing the devastating effects of loosening vaccine requirements across the country, and that's why the Legislature wisely declined to loosen the restrictions here in West Virginia. It's vital that their decision not be undermined by the executive branch.'
The lawsuit asks for a judge to block the enforcement of Morrisey's order.
Morrisey said earlier this month that his stance on the order wasn't changed by the bill's failure or the several lawsuits that had been filed against it.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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