Despite WV board of education move on vaccine executive order, ACLU lawsuit continues
A nurse gives an MMR vaccine at the Utah County Health Department on April 29, 2019, in Provo, Utah. (George Frey | Getty Images)
A legal challenge of West Virginia Gov. Patrick Morrisey's executive order allowing religious exemptions to the state's school vaccine requirements will proceed, despite the state school board voting this week to defy the order.
The American Civil Liberties Union of West Virginia and Mountain State Justice filed the writ of mandamus last month in Kanawha County Circuit Court on behalf of two parents of immunocompromised children. The lawsuit asks the court to compel the state's Department of Health and Bureau for Public Health to stop granting religious exemptions in compliance with Morrisey's executive order.
'The lawsuit is still ongoing,' Aubrey Sparks, legal director for ACLU-WV, said Friday. 'I think that there are a lot of questions about what [the board of education's decision] means practically, whether this fixes the issue, or whether it doesn't. At this point, it's just too early for us to know the consequences of the school board's actions, given that Patrick Morrisey is still committed to awarding these exemptions.'
The state school board unanimously voted Wednesday that Superintendent Michele Blatt would issue guidance to county boards of education that schools should follow the state's existing vaccine mandates, which allow only medical exemptions, rather than the executive order.
'The intent of the state board is to do what's best for the 241,000 children, 23,000 educators and 15,000 service personnel in our 629 public schools,' the board wrote in a statement Thursday afternoon. 'This includes taking the important steps of protecting the school community from the real risk of exposure to litigation that could result from not following vaccination laws.
'The board is constitutionally bound to provide a thorough and efficient system of free schools, and our members remain committed to this charge,' they wrote.
Sparks said the board's action introduces a lot of uncertainty both to families who want religious exemptions and families of immunocompromised children who might be at risk if exemptions are granted.
West Virginia's school vaccine laws are some of the strongest in the country. It's one of five states that by law allow only medical exemptions for school-required vaccines. Gov. Patrick Morrisey issued an executive order in January requiring the state to allow religious exemptions.
Despite the order, the Legislature this year rejected Senate Bill 460, which would have made the religious exemptions part of state law.
Since Morrisey issued the executive order in January, the state Department of Health has granted at least 330 religious exemptions to the vaccine requirements.
A spokeswoman for the school board said Friday that the exemptions that have already been granted will not be accepted for the upcoming new school year because, per the governor's instructions, the exemptions must be renewed yearly.
Alisa Shepler, a school nurse in Wood County, said the state school board's move is a victory for school nurses and for West Virginia health care more generally. Immunizations protect more than only school children, they also protect immunocompromised people in the community, she said.
Shepler, who is retiring Friday after more than 25 years on the job, said she's proud of the school board for going against the governor's order.
'I think that it's very telling that our state board of education, they kind of drew a line in the sand,' she said. 'And a lot of times, I think states don't have that backbone, but obviously our state board of education did.'
In a statement Wednesday, a spokesman for the governor's office said that the state school board is 'trampling on the religious liberties of children, ignoring the state's religious freedom law, and trying to make the state an extreme outlier on vaccine policy when there isn't a valid public policy reason to do so.'
The governor's executive order is based on the Equal Protection for Religion Act, a law signed by former Gov. Jim Justice in 2023 that prohibits government action that substantially burdens a person's exercise of religion unless it serves a compelling government interest and is the least restrictive means of achieving that interest.
Sparks said the religious freedom law gives people a process by which to say their rights have been violated, but it does not give the governor the right to ignore, override a duty created by the legislature.
'What really is underlying this is an attempt at executive power over reach,' Sparks said. 'Patrick Morrisey wanted a law passed. He lobbied to get a law passed, and he wasn't successful at it. He didn't pull it across the finish line because the Legislature didn't agree with them. And it's not a governor's right or ability to ignore the laws that the Legislature passes just because they don't like them.'
SUPPORT: YOU MAKE OUR WORK POSSIBLE
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
New York Post
14 hours ago
- New York Post
What is Graves' disease? All about ‘The Boys' star Erin Moriarty's diagnosis
Erin Moriarty is getting candid about her health — and urging fans to listen to their bodies. The Boys star, 30, revealed on Instagram Thursday that she was diagnosed with Graves' disease last month after initially chalking up her symptoms to 'stress and fatigue.' 'Within 24 hours of beginning treatment, I felt the light coming back on. It's been increasing ever since,' she wrote. 'If yours is dimming, even slightly, go get checked.' 6 Erin Moriarty was diagnosed with Graves' disease in May. Deadline via Getty Images The autoimmune disorder affects about 1 in 100 Americans and can cause everything from anxiety and weight loss to bulging eyes and heart issues. Here's everything you need to know, including how to spot it and what to do next. What is Graves' disease? It's chronic autoimmune disorder that hijacks your thyroid gland, sending it into overdrive and flooding your body with more hormones than it needs, according to the National Institutes of Health. Thyroid hormones control how your body burns energy, impacting nearly every organ. When there's too much of them, it turbo-charges your metabolism and can trigger a wide range of symptoms. 6 The thyroid is a small, butterfly-shaped gland located in the front of your neck. Science RF – What are the symptoms of Graves' Disease? Early signs often include heat intolerance, increased appetite, difficulty sleeping, fatigue and nervousness, anxiety or irritability, according to the Mayo Clinic. As the disease progresses, you might experience unintentional weight loss, heart palpitations, trembling hands, frequent bowel movements and shortness of breath. Graves' can also disrupt menstrual cycles, cause erectile dysfunction and reduce libido. 6 Moriarty first assumed her symptoms were caused by stress and fatigue. Erin Moriarty / Instagram Around 1 in 3 people with Graves' have eye problems known as Graves' ophthalmopathy, which can cause: Bulging or puffy eyes Blurred or double vision Gritty, irritated eyes Eye pain or pressure Sensitivity to light In rare cases, patients can develop thickened, darkened skin — usually on the shins or tops of the feet — that looks and feels like orange peel. This comes from a buildup of protein in the skin. It's often mild and painless. What causes Graves' disease? Scientists aren't completely sure. Graves' disease strikes when your immune system goes rogue, overproducing an antibody that prompts your thyroid to flood your body with too many hormones, according to the Cleveland Clinic. 6 Excess thyroid hormones can lead to increased heart rate, irregular rhythms and heart failure. JustLife – Experts say genetics play a major role, with one study estimating that genes account for 79% of the risk. The rest likely comes from environmental triggers like stress, hormonal changes or infections. Who's at risk for Graves' disease? Graves' disease is relatively common, affecting about 1% of people in the US. But it disproportionately affects women, who are five times more likely to get it than men, according to Yale Medicine. Your risk increases if you have a family history of Graves' or other autoimmune conditions like vitiligo, type 1 diabetes or rheumatoid arthritis. Low levels of selenium and vitamin D, along with smoking, may also increase your chances. 6 Smoking is a significant risk factor for Graves' disease. Quitting can help improve patient outcomes. Adobe Stock How is Graves' disease treated? In the US, treatment usually starts with medications like methimazole or propylthiouracil, which work to reduce the production of thyroid hormones, according to ColumbiaDoctors. Most patients start feeling better soon after, but it takes 12 to 18 months to see if the disease goes into remission — meaning the thyroid calms down and antibody levels drop. Up to half of patients achieve remission, but it's not a guaranteed cure. Graves' can flare up again later. 6 Graves' disease is often associated with weight loss despite increased appetite. Prostock-studio – 'For some people, Graves' disease has a clear beginning and end. For others, it's a chronic condition that can be controlled but not cured,' said Dr. Hyesoo Lowe, medical director of the Columbia Thyroid Center. If a patient doesn't go into remission, doctors may recommend radioiodine therapy, which gradually destroys overactive thyroid cells, or surgery to remove the gland entirely. While this can cause hypothyroidism, or too little thyroid hormone, replacement pills are available to keep things balanced. What happens if you don't treat Graves' disease? Ignoring the autoimmune disorder can lead to serious complications. It can cause atrial fibrillation, a dangerous irregular heartbeat that increases the risk of heart failure and stroke. It also weakens bones, raising the chance of fractures. There's a higher risk of thyroid cancer, too. In rare cases, untreated Graves' can trigger a life-threatening thyroid storm — a sudden surge of thyroid hormones. Pregnant women with untreated Graves' risk preeclampsia, miscarriage, premature labor and low birth weight for their babies.
Newsweek
16 hours ago
- Newsweek
Cancer Rates Rising in Americans Under 50—Three Age Groups Most at Risk
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. A new study from the National Institutes of Health (NIH) has found that the incidence of 14 different cancer types increased among people under the age of 50. Newsweek spoke with leading oncologists about new findings published in Cancer Discovery, which revealed that between 2010 and 2019, more than two million cancer cases were diagnosed in people aged 15 to 49 in the United States. Several cancers are becoming more common in young adults, including testicular cancer, melanoma, and cervical cancer. Blood-related cancers like B-cell lymphomas and plasma cell neoplasms are also on the rise, along with rare types such as bone and joint cancers, stomach cancer and skin lymphomas. An artist's impression of a group of people of different generations and, inset, a tumor. An artist's impression of a group of people of different generations and, inset, a tumor. CIPhotos / matsu5/iStock / Getty Images Plus Dr. Steven Grossman, a clinician and researcher with expertise in gastrointestinal cancers, told Newsweek: "What is most concerning about the rise of cancers typical of older adults in younger populations is that the symptoms might be ignored until the cancer presents at a later stage, where it is more difficult to treat and cure. "This is especially worrisome for colorectal cancer and pancreatic cancer, which are particularly difficult to treat if they are discovered at a more advanced stage." Cancers Typically Linked to Older Adults The study, released on May 8, found the most significant upticks were observed in cancers such as female breast, colorectal, kidney, uterine, and pancreatic—many of which are commonly associated with older adults but are now appearing more frequently in patients in their 20s, 30s and 40s. While the overall cancer death rate in younger adults has not risen in tandem, troubling increases in colorectal and uterine cancer deaths have been reported. Some cancers like melanoma, cervical, stomach, myeloma, and bone and joint cancers showed increases only in younger populations. "We don't know yet the root cause of the increasing incidence of cancer in younger adults but science points to what we would call environmental factors," said Grossman, the executive medical director of the Hoag Family Cancer Institute in Southern California. A stock image of a female patient with headscarf listening to her doctor commenting x-ray of brain while sitting on bed next to her in hospital ward. A stock image of a female patient with headscarf listening to her doctor commenting x-ray of brain while sitting on bed next to her in hospital ward. shironosov/iStock / Getty Images Plus Gender Disparities in Early-Onset Cancers The study found that 63.4 percent of early-onset cancers occurred in women. Among women, the most common types were breast, thyroid, and melanoma, while among men, the leading early-onset cancers were colorectal, testicular, and melanoma. Pashtoon Kasi, a gastrointestinal cancer specialist, told Newsweek that medics previously believed the two major factors for cancer risk were aging and a genetic predisposition. However, they are now increasingly focused on the role of lifestyle and environmental factors. The American Cancer Society (ACS) states that around 5 to 10 percent of cancers are caused by inherited genetic mutations—not the cancer itself, but an abnormal gene passed down from a parent that increases cancer risk. This includes lifestyle factors such as a lack of exercise, obesity, alcohol use, and other elements of the diet. Grossman added: "The scientific community also generally believes that exposure to environmental carcinogens, which could include air or water pollution, likely contributes at some level to this phenomenon. That research, however, is still ongoing." Lifestyle Factors and Cancer Risk The ACS states that at least 18 percent of all cancers and around 16 percent of cancer-related deaths are linked to excess body weight, lack of physical activity, alcohol use and poor diet. Many of these cases may be preventable by following a well-balanced diet consisting of plenty of fruits, vegetables, and whole grains, while limiting or eliminating red and processed meats, which are classified as carcinogens. The study found that obesity is linked to seven types of cancer that are rising among younger adults: colorectal, kidney, uterine, pancreatic, stomach (cardia), cervical cancers and myeloma (a type of blood cancer). In 2019, it was estimated that obesity contributed to as few as 5.3 percent of colorectal cancer cases and as many as 53.1 percent of uterine cancer cases. A stock image of a nutritionist measuring overweight man's waist with tape in clinic. A stock image of a nutritionist measuring overweight man's waist with tape in clinic. unomat/iStock / Getty Images Plus "The obesity piece does not explain the full story since a lot of our young onset patients are very active and healthy otherwise," said Kasi, the Medical Director of GI Medical Oncology at City of Hope Orange County. Being physically fit and getting 150–300 minutes of moderate-intensity or 75–150 minutes of vigorous-intensity activity each week may decrease the chances of cancer and other health problems, along with maintaining a healthy weight. Kasi added: "We're still learning about the impact of all these factors – genetics, environment, aging, and lifestyle. One thing that is certain is that our knowledge of cancer development is evolving in the 21st century. "Particularly, how these environmental factors and diet affect the 'microbiome' of our body and how those interplays in the development of these cancers is of interest. Expanding cancer research efforts focused on younger individuals is a critical factor." Mortality Rates and Screening Concerns Cancer death rates have not significantly increased and have generally declined. From 2010 to 2020, deaths among 15–29-year-olds fell by nearly 2 percent per year, then remained stable. Rates also dropped for 30–39 and 40–49 age groups, with declines continuing until around 2018–2022, when they leveled off. This suggests better detection and treatment are saving more lives. Dr. Amy Laughlin, a medical oncologist at the Orlando Health Cancer Institute who specializes in breast cancer and cancer genetics, explained why screening age hasn't been reduced. She said: "If a group has a small chance of cancer, then when a screening test is positive, the greatest likelihood is that it is a false positive—causing anxiety, biopsies, more tests and cost for no reason. "For example, in an older, higher-risk population you may need to do 100 breast biopsies to find one breast cancer, but in a younger, lower-risk population you may have to do 400 breast biopsies to find one cancer. Imagine the cost and anxiety we put those 399 women through." Do you have a tip on a health story that Newsweek should be covering? Do you have a question about cancer? Let us know via health@ Reference Shiels, M. S., Haque, A. T., Berrington de González, A., Camargo, M. C., Clarke, M. A., Davis Lynn, B. C., Engels, E. A., Freedman, N. D., Gierach, G. L., Hofmann, J. N., Jones, R. R., Loftfield, E., Sinha, R., Morton, L. M., & Chanock, S. J. (2025). Trends in Cancer Incidence and Mortality Rates in Early-Onset and Older-Onset Age Groups in the United States, 2010–2019. Cancer Discovery.
Yahoo
a day ago
- Yahoo
City to offer free measles vaccines at Juneteenth event
EL PASO, Texas (KTSM) — The City of El Paso Public Health Department will offer free measles (MMR) vaccines during the Juneteenth celebration this weekend. The event will be from 5:30 p.m. to 10 p.m. Saturday, June 14 at Nations Tobin Park, 8831 Railroad Dr. City officials also remind residents to regularly check the Measles Information Dashboard for updates on confirmed cases, demographic data, and vaccination status. The dashboard is updated daily around 9 a.m. and is available at under the Measles information page. The City also said that anyone who was at El Paso International Airport from 11:15 to 11:45 a.m. May 31 and June 1-2 should monitor their symptoms and check their immunization status. People who were at the airport at that time were potentially exposed to the measles, the City said. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
