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Winnipeg Free Press
23-05-2025
- Health
- Winnipeg Free Press
Groups sue over West Virginia governor's order on religious exemptions for school vaccines
CHARLESTON, (AP) — Two groups filed a lawsuit Friday over an executive order by West Virginia Republican Gov. Patrick Morrisey granting religious exemptions from required school vaccinations. The American Civil Liberties Union's West Virginia chapter and Mountain State Justice filed the lawsuit against the state Department of Health, its Bureau for Public Health and agency leaders on behalf of two parents in Kanawha County Circuit Court. The vaccine exemption was among several executive orders issued by Morrisey on his first full day in office in January. 'Governors do not rule by decree,' ACLU-West Virginia legal director Aubrey Sparks said in a statement. '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.' The governor's office and the Department of Health did not immediately respond to emailed requests for comment Friday on the lawsuit. Morrisey's order upended a school vaccination policy long heralded by medical experts as one of the most protective in the country for kids. State law requires children to receive vaccines for chickenpox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough before starting school. The state does not require COVID-19 vaccinations. Legislation that would have allowed religious exemptions to vaccination requirements, among other things, was passed by the state Senate and rejected by the House of Delegates earlier this year. State schools Superintendent Michelle Blatt issued a memorandum to all 55 county superintendents May 2 recommending that students not be allowed to attend school in the 2025-26 without required immunizations. But that same day, Blatt rescinded the memo at Morrisey's request, according to the lawsuit. Morrisey later issued a statement saying he had no intention of rescinding the executive order. He said parents can apply for a religious exemption from vaccinations through the Bureau for Public Health. Last year, Republican then-Gov. Jim Justice vetoed a less sweeping vaccination bill passed by the Republican-supermajority Legislature that would have exempted private school and some nontraditional public school students from vaccination requirements. Morrisey, who served as West Virginia's attorney general from 2013 until he was sworn in as governor, said he believes religious exemptions to vaccinations should already be permitted under a 2023 law passed by the state Legislature called the Equal Protection for Religion Act. The law stipulates that the government can't 'substantially burden' someone's constitutional right to freedom of religion unless it can prove there is a 'compelling interest' to restrict that right. Morrisey has said that law hasn't 'been fully and properly enforced' since it passed. The lawsuit was filed on behalf of Dr. Joshua Hess of Cabell County and Marisa Jackson of Kanawha County. It said Hess has a child who is immunocompromised and that Jackson has a child who, because of decreased community use of immunizations, is more susceptible to illness. Along with Mississippi, West Virginia is the U.S. state with the worst health outcomes and lowest life expectancy rates. 'Parents should be able to know their child will be safe when they send them off to school,' said Mountain State Justice executive director Sarah Brown. '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.'
Yahoo
23-05-2025
- Health
- Yahoo
Groups sue over West Virginia governor's order on religious exemptions for school vaccines
CHARLESTON, (AP) — Two groups filed a lawsuit Friday over an executive order by West Virginia Republican Gov. Patrick Morrisey granting religious exemptions from required school vaccinations. The American Civil Liberties Union's West Virginia chapter and Mountain State Justice filed the lawsuit against the state Department of Health, its Bureau for Public Health and agency leaders on behalf of two parents in Kanawha County Circuit Court. The vaccine exemption was among several executive orders issued by Morrisey on his first full day in office in January. 'Governors do not rule by decree,' ACLU-West Virginia legal director Aubrey Sparks said in a statement. '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.' The governor's office and the Department of Health did not immediately respond to emailed requests for comment Friday on the lawsuit. Morrisey's order upended a school vaccination policy long heralded by medical experts as one of the most protective in the country for kids. State law requires children to receive vaccines for chickenpox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough before starting school. The state does not require COVID-19 vaccinations. Legislation that would have allowed religious exemptions to vaccination requirements, among other things, was passed by the state Senate and rejected by the House of Delegates earlier this year. State schools Superintendent Michelle Blatt issued a memorandum to all 55 county superintendents May 2 recommending that students not be allowed to attend school in the 2025-26 without required immunizations. But that same day, Blatt rescinded the memo at Morrisey's request, according to the lawsuit. Morrisey later issued a statement saying he had no intention of rescinding the executive order. He said parents can apply for a religious exemption from vaccinations through the Bureau for Public Health. Last year, Republican then-Gov. Jim Justice vetoed a less sweeping vaccination bill passed by the Republican-supermajority Legislature that would have exempted private school and some nontraditional public school students from vaccination requirements. Morrisey, who served as West Virginia's attorney general from 2013 until he was sworn in as governor, said he believes religious exemptions to vaccinations should already be permitted under a 2023 law passed by the state Legislature called the Equal Protection for Religion Act. The law stipulates that the government can't 'substantially burden' someone's constitutional right to freedom of religion unless it can prove there is a 'compelling interest' to restrict that right. Morrisey has said that law hasn't 'been fully and properly enforced' since it passed. The lawsuit was filed on behalf of Dr. Joshua Hess of Cabell County and Marisa Jackson of Kanawha County. It said Hess has a child who is immunocompromised and that Jackson has a child who, because of decreased community use of immunizations, is more susceptible to illness. Along with Mississippi, West Virginia is the U.S. state with the worst health outcomes and lowest life expectancy rates. 'Parents should be able to know their child will be safe when they send them off to school,' said Mountain State Justice executive director Sarah Brown. '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.'
Yahoo
23-05-2025
- Health
- Yahoo
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
Yahoo
09-05-2025
- Health
- Yahoo
Morrisey issues guidance for religious exemptions to school vaccine requirements
A nurse administers a measles, mumps and rubella vaccine to a patient in Utah. (George Frey | Getty Images) West Virginia Gov. Patrick Morrisey on Friday issued guidance for how families who object to vaccines on religious and philosophical grounds can receive exemptions to the state's school immunization requirements. While the state's compulsory school vaccination law has not changed, the governor does not intend to rescind his executive order granting religious and philosophical exemptions, according to a news release Friday. 'I am calling on the State Superintendent of Schools and the county boards of education in this state to work with the Bureau for Public Health to ensure that religious rights of students are protected,' Morrisey said. 'Students will not be denied access to public education because of their religious objections to compulsory vaccination.' In his letter Friday, Morrisey acknowledged that the state cannot compel private schools to exempt children without a statutory change, but he urged the schools to 'honor the religious beliefs of their students and not turn them away because of their strongly held objections to vaccines.' West Virginia state law includes one of the strongest school vaccination policies in the nation. All states require children attending school to be vaccinated for a number of infectious diseases, like polio and measles. West Virginia was one of only five states that allowed only medical exemptions to those vaccination requirements. In a Jan. 14 executive order, Morrisey directed the State Health Officer and the Bureau for Public Health to establish a process for religious exemptions and come up with necessary rules and legislation to facilitate them. West Virginia's last health officer, Dr. Matthew Christiansen, resigned in December. Morrisey has not appointed someone to fill the role. State lawmakers rejected a bill that would have established religious exemptions in state code. The measure, Senate Bill 460, passed in the Senate but was rejected by the House of Delegates with a vote of 42 yeas and 56 nays. The disagreement between the state's executive and legislative branch has led to confusion among the state's schools and daycare facilities. Some private schools in particular have said they're not following the executive order. The Catholic Diocese of Wheeling-Charleston — which operates 24 schools throughout the state — will not accept religious exemptions for required school vaccinations despite the executive order, Tim Bishop, communications director for the church, told West Virginia Watch this week. West Virginia state School Superintendent Michele Blatt put out a memo to county boards of education on May 2 saying that since the state Legislature didn't adopt the bill allowing religious exemptions, students who enroll with an exemption prior to May 1 would be allowed to finish the school year. But, the memo continued, students would not be allowed to enroll in the upcoming school year without the required immunizations. Before the day was over, Blatt rescinded the memo at Morrisey's request and said the school system would work collaboratively with the governor's office to issue guidance to counties about how to comply with the order. According to the governor's guidance, parents seeking a religious or philosophical exemption to a vaccine should send an email to vaccineexemption@ with the following information: Name and date of birth of the student seeking an exemption Name of the student's parent or guardian The school the student intends to enroll in A mailing address for the parent or guardian. The Bureau for Public Health will mail a letter to the parent telling them whether the exemption has been granted, and a copy of the letter will be sent to the school, Morrisey's letter says. Exemptions will be granted on a per-year basis. Morrisey told public school officials that when a student receives an exemption, the exemption should be honored by the school the student is enrolled in and the student should be allowed to attend virtual and in-person classes without the vaccination they're exempted from getting. Morrisey's executive order is based on the Equal Protection for Religion Act, a 2023 law signed by former Gov. Jim Justice. The law prohibits government action that substantially burdens a person's exercise of religion unless it serves a compelling governmental interest and is the least restrictive way of achieving that interest. In his letter Friday, Morrisey argued that the order takes precedence over state law because the legislature wrote that the EPRA applies 'notwithstanding any other provision of law.' Sen. Joey Garcia, D-Marion, told West Virginia Watch earlier this week the Legislature has the authority to set the school vaccination policy and the governor does not. Garcia, an attorney by trade, said the matter would likely have to be settled by a lawsuit.
Yahoo
09-05-2025
- Health
- Yahoo
Morrisey issues guidance for religious exemptions to school vaccine requirements
A nurse administers a measles, mumps and rubella vaccine to a patient in Utah. (George Frey | Getty Images) West Virginia Gov. Patrick Morrisey on Friday issued guidance for how families who object to vaccines on religious and philosophical grounds can receive exemptions to the state's school immunization requirements. While the state's compulsory school vaccination law has not changed, the governor does not intend to rescind his executive order granting religious and philosophical exemptions, according to a news release Friday. 'I am calling on the State Superintendent of Schools and the county boards of education in this state to work with the Bureau for Public Health to ensure that religious rights of students are protected,' Morrisey said. 'Students will not be denied access to public education because of their religious objections to compulsory vaccination.' In his letter Friday, Morrisey acknowledged that the state cannot compel private schools to exempt children without a statutory change, but he urged the schools to 'honor the religious beliefs of their students and not turn them away because of their strongly held objections to vaccines.' West Virginia state law includes one of the strongest school vaccination policies in the nation. All states require children attending school to be vaccinated for a number of infectious diseases, like polio and measles. West Virginia was one of only five states that allowed only medical exemptions to those vaccination requirements. In a Jan. 14 executive order, Morrisey directed the State Health Officer and the Bureau for Public Health to establish a process for religious exemptions and come up with necessary rules and legislation to facilitate them. West Virginia's last health officer, Dr. Matthew Christiansen, resigned in December. Morrisey has not appointed someone to fill the role. State lawmakers rejected a bill that would have established religious exemptions in state code. The measure, Senate Bill 460, passed in the Senate but was rejected by the House of Delegates with a vote of 42 yeas and 56 nays. The disagreement between the state's executive and legislative branch has led to confusion among the state's schools and daycare facilities. Some private schools in particular have said they're not following the executive order. The Catholic Diocese of Wheeling-Charleston — which operates 24 schools throughout the state — will not accept religious exemptions for required school vaccinations despite the executive order, Tim Bishop, communications director for the church, told West Virginia Watch this week. West Virginia state School Superintendent Michele Blatt put out a memo to county boards of education on May 2 saying that since the state Legislature didn't adopt the bill allowing religious exemptions, students who enroll with an exemption prior to May 1 would be allowed to finish the school year. But, the memo continued, students would not be allowed to enroll in the upcoming school year without the required immunizations. Before the day was over, Blatt rescinded the memo at Morrisey's request and said the school system would work collaboratively with the governor's office to issue guidance to counties about how to comply with the order. According to the governor's guidance, parents seeking a religious or philosophical exemption to a vaccine should send an email to vaccineexemption@ with the following information: Name and date of birth of the student seeking an exemption Name of the student's parent or guardian The school the student intends to enroll in A mailing address for the parent or guardian. The Bureau for Public Health will mail a letter to the parent telling them whether the exemption has been granted, and a copy of the letter will be sent to the school, Morrisey's letter says. Exemptions will be granted on a per-year basis. Morrisey told public school officials that when a student receives an exemption, the exemption should be honored by the school the student is enrolled in and the student should be allowed to attend virtual and in-person classes without the vaccination they're exempted from getting. Morrisey's executive order is based on the Equal Protection for Religion Act, a 2023 law signed by former Gov. Jim Justice. The law prohibits government action that substantially burdens a person's exercise of religion unless it serves a compelling governmental interest and is the least restrictive way of achieving that interest. In his letter Friday, Morrisey argued that the order takes precedence over state law because the legislature wrote that the EPRA applies 'notwithstanding any other provision of law.' Sen. Joey Garcia, D-Marion, told West Virginia Watch earlier this week the Legislature has the authority to set the school vaccination policy and the governor does not. Garcia, an attorney by trade, said the matter would likely have to be settled by a lawsuit.
