ACLU, Mountain State Justice file lawsuit over Morrisey's vaccine mandate order
The American Civil Liberties Union of West Virginia and Mountain State Justice filed a writ of mandamus Friday in Kanawha County Circuit Court over an executive order by Gov. Patrick Morrisey that requires the state health officials to recognize religious and philosophical exemptions to the state's schools vaccine mandates. (Getty Images)
Two legal advocacy organizations filed legal action Friday over an executive order by Gov. Patrick Morrisey that requires the state health officials to recognize religious and philosophical exemptions to the state's schools vaccine mandates — exemptions that are not a part of state law.
The American Civil Liberties Union of West Virginia and Mountain State Justice filed the writ of mandamus Friday in Kanawha County Circuit Court on behalf of Marisa Jackson, of Kanawha County, and Dr. Joshua Hess, of Cabell County. Jackson and Hess are both parents of immunocompromised students. Hess is also a pediatric hematologist and oncologist practicing at Marshall Health's Cabell Huntington Hospital.
The petition asks the court to compel the state's Department of Health and Bureau for Public Health to stop complying with the executive order.
'The question before this Court is simple: Can the West Virginia Governor, through Executive Order, override a clear and mandatory directive created by state statute and, in so doing, relieve state actors of nondiscretionary duties assigned to them through state code?' the petition says. 'To that, West Virginia Courts have a clear and decisive answer: No, he may not. For that reason, Petitioner files this action respectfully requesting this Court compel Respondents to engage in their nondiscretionary duties as it relates to granting and denying exemptions to the state's compulsory immunization statute.'
The petition also names as respondents Justin Davis, interim commissioner of the Bureau for Public Health, and Dr. Arvin Singh, cabinet secretary of the West Virginia Department of Health.
All states require that school students be vaccinated for certain infectious diseases like measles, chicken pox and polio. Until this year, West Virginia has been one of five states that allow only medical exemptions to those requirements.
In January, Morrisey issued an executive order directing state health officials to allow religious exemptions to the state's school vaccine mandates. The executive order is based on the Equal Protection for Religion Act of 2023, which states that the government shall not 'substantially burden' someone's right to religious freedom unless doing so is essential to further a compelling governmental interest. The order also directed the state health officer to come up with legislation and rules to facilitate religious exemptions.
Senate Bill 460, legislation that would have established religious exemptions in state law, did not become law during the 2025 regular session. The bill passed in the Senate, but was rejected by the House of Delegates.
Despite the bill not passing, Morrisey has not rescinded the executive order. Schools in the state have had a fractured response to the order. Some private schools have said, despite the order, they will not recognize religious exemptions to the school vaccine laws.
State Schools Superintendent Michele Blatt issued a memo May 2 to county superintendents recommending that students not be allowed to attend schools next year without the required vaccinations. Before the day was up, though, the memo was rescinded at Morrisey's request.
'Governors do not rule by decree,' ACLU-WV Legal Director Aubrey Sparks said in an ACLU news 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.'
'Parents should be able to know their child will be safe when they send them off to school,' Sarah Brown, executive director of Mountain State Justice, said in the 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 petition has been assigned to Kanawha Circuit Judge Kenneth Ballard.
Emails to Morrisey's office and to the state Department of Health seeking comment were not immediately returned Friday afternoon.
SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Fox News
2 days ago
- Fox News
Mobile teaching kitchens roll out in West Virginia to fight state's high obesity rate
Gov. Patrick Morrisey of West Virginia (R) is continuing to pave the way in the "Make America Healthy Again" movement, launching yet another healthy initiative. In an appearance on "Fox & Friends First" on Wednesday morning, the governor discussed West Virginia Health Right's mobile teaching kitchens. The nonprofit "clinics on wheels" will travel across the state to demonstrate healthy cooking tips, share nutrition information with residents and conduct health exams such as blood pressure readings and body mass index checks. The governor opened his home, inviting West Virginians to the mansion to allow families to see how to practice healthy habits on their own. "People came by and learned that you can eat very [healthily] for a very reasonable price," he said. "And it's not that hard to cook [this food] and have it taste really good as well," he added. West Virginia has the highest childhood obesity rate in America, at over 42%. That's according to the State of Childhood Obesity organization. I was pleased to join WV Health Right to unveil their Mobile Teaching Kitchen to help educate West Virginians on how to prepare healthy meals at home. Making healthy food choices is important to making West Virginia healthy again. "Here in West Virginia, we're trying to make West Virginia healthy again," Morrisey said. "Because unfortunately, we've led the way [on] a lot of the disease states that have really hurt our state, whether obesity or diabetes or stroke or many other items." He added, "We want to make sure that we reverse those bad trends and you have to start one step at a time or one good bite at a time." Morrisey shared that the program is just another step in his four MAHA pillars for the Mountain State. The state has defined the pillars as the following: clean up the food; find purpose, find health, move your body; change your life; and reward healthy choices. "We've encouraged people to get out and exercise and I'm trying to lead by example, you know, every day trying to walk over 10,000 steps and just encourage people to go out and walk," said Morrisey in part. The state plans to designate official "Mountaineer Mile trails" in its 32 state parks that have hiking trails. "We're getting a lot of traction with our Mountaineer Mile, and everyone knows the importance of getting out and working and walking," Morrisey previously told Fox News Digital. "That's really starting to gain a lot of strength in West Virginia." Another day, another #MountaineerMile, and some relaxation, in one of our many beautiful lakes and state parks. #WVStateParks #StonewallResort Getting Americans healthy again requires a multipronged approach to reducing rates of obesity, diabetes, stroke and congestive heart failure, according to the governor. "You're taking the crap out of the food, you're incentivizing people to eat good food … making sure people are working and have purposeful lives, and then we're also encouraging people to go out and exercise," Morrisey previously told Fox News Digital.
CBS News
6 days ago
- CBS News
West Virginia governor implements policy changes in embattled foster care system
West Virginia Gov. Patrick Morrisey vowed Wednesday that his administration will improve transparency and policies within the state's embattled foster care system. Morrisey, a Republican, announced the changes after eight listening sessions statewide to identify areas of improvement and a review of critical cases. Morrisey said he heard attendees at one such session in Martinsburg discuss "a broken system." "It was difficult to hear many of the issues could have been avoided had the state communicated differently, had the state eliminated some red tape or had the right tools to better equip" Child Protective Services workers, Morrisey said at a news conference at the state Capitol. "You all know that these issues have been going on for a very, very long time. And unfortunately, it's the kids that suffer. And we can't tolerate that. "West Virginia cannot keep kicking the can down the road as was done in the past. That's not the model of this administration." Largely overwhelmed by the opioid epidemic in a state with the most overdose deaths per capita, West Virginia has the highest rate of children in foster care, currently more than 6,000 in a state of about 1.8 million. Morrisey, who took office in January after serving three terms as the state's attorney general, put some of the blame on the administration of his predecessor, two-term Republican Gov. Jim Justice, for often withholding foster care information from the public, including stonewalling Freedom of Information Act requests. After an internal review of six fatalities or near fatalities between 2021 and 2024, Morrisey said the Department of Human Services will implement a new policy mandating that certain information, including the results of investigations, be disclosed in serious child welfare cases. "You're not going to have to chase people down the hall" in obtaining case information, Morrisey said. Among the changes, Morrisey said child welfare supervisors will now be required to conduct monthly reviews of their cases, and a new intake process will be implemented for the foster care system, allowing caseworkers to contact individuals involved rather than simply relying on a case referral. He also said improvements have been made to a child welfare dashboard to allow for easier access to data. "What I can promise you today is we want to be honest, we want to be transparent and we will be accountable for what happens," Morrisey said. Serious child welfare issues have dogged West Virginia for decades. In 2014, a private boarding school for troubled youths closed in Salem after abuse allegations surfaced. Lawsuits against the former Miracle Meadows school's co-founder and its operating entities that alleged widespread sexual, physical and mental abuse were settled for tens of millions of dollars. The discovery of the emaciated body of a 14-year-old girl in her home in 2023 prompted a state investigation into whether law enforcement and child protective services could have intervened to prevent her death. The girl's mother and two grandparents were indicted on murder charges last September. In March, a couple received the maximum sentences of decades in prison for abusing their adopted children, which included heavy labor, locking them in bedrooms, forcing some to sleep on concrete floors and making them stand for hours with their hands on their heads. And a judge in February ordered that a monitor be put in place to oversee state child protective services placements in hotels and camps on Friday after a 12-year-old boy in state care attempted suicide in a hotel room. The action came the same day that a federal judge dismissed a years-long sweeping class action lawsuit against West Virginia's welfare system on behalf of foster children.
Yahoo
6 days ago
- Yahoo
Planned PEIA rate increases elicit concern from lawmakers and policyholders
BECKLEY, WV (WVNS) – Hundreds of thousands of West Virginians with PEIA coverage are set to see rate increases in the coming months. With increases of up to 16% in premiums expected to impact certain West Virginia residents as early as July according to PEIA, members of the general public along with state lawmakers have voiced concerns regarding the coverage provider. While many say a change is in order, no one can seem to agree on how to appropriately address financial concerns associated with the program. 'We keep doing things that they tell us is going to fix the problem and then it ends up not fixing the problem,' Delegate Eric Brooks told 59News. 'We'll see what the options are when we get back down there. I think the governor is really pushing for a Special Session to deal with this before January when we have our next legislative session.' A bill introduced during the most recent session of the West Virginia Legislature – House Bill 2623 – would abolish PEIA altogether, though some detractors have characterized the legislation as reckless. The bill was under consideration by the House Committee on Health and Human Resources at the time the most recent legislative session was brought to a close. Governor Patrick Morrisey told 59News he has been working with the legislature to address issues with PEIA, citing an overall need for fiscal responsibility on the state level. 'We have a lot of tough challenges ahead. I've mentioned that we have PEIA that'll be coming up in the upcoming months,' said Morrisey. 'We've been diligently working on that and are starting to have conversations with the legislature. We want to get that right because we have to make sure that we help West Virginia reach her potential.' Several delegates have said they expect to be called in for a session to address PEIA specifically, and the governor says he hopes to address the issue in the coming months, though an official call for a Special Session of the legislature has yet to be made at this time. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
