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Groups sue over West Virginia governor's order on religious exemptions for school vaccines
Groups sue over West Virginia governor's order on religious exemptions for school vaccines

Winnipeg Free Press

time23-05-2025

  • 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 But that same day, Blatt rescinded the memo at Morrisey's request, according to the lawsuit.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.'

Groups sue over West Virginia governor's order on religious exemptions for school vaccines
Groups sue over West Virginia governor's order on religious exemptions for school vaccines

Yahoo

time23-05-2025

  • 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.'

Ohio attorney general certifies proposed ban on police immunity after loss at US Supreme Court
Ohio attorney general certifies proposed ban on police immunity after loss at US Supreme Court

Yahoo

time22-04-2025

  • Politics
  • Yahoo

Ohio attorney general certifies proposed ban on police immunity after loss at US Supreme Court

COLUMBUS, Ohio (AP) — Prompted by a stinging defeat at the U.S. Supreme Court, Republican Ohio Attorney General Dave Yost on Tuesday said he was putting aside his objections and allowing a proposed constitutional amendment that would end qualified immunity for police and other government employees to move forward. Yost's action came the same day the high court declined to stay a preliminary injunction issued by the U.S. District Court for the Southern District of Ohio, which sided with the measure's backers that their First Amendment rights to free speech had likely been violated. With Ohio's nearly century-old ballot initiative process at risk of being permanently declared unconstitutional, Yost moved immediately to dismiss the appeal he had filed in the Sixth Circuit Court of Appeals. Yost had repeatedly rejected proposed summary language for the measure as not being a fair and accurate representation of what the measure would do. However, lower courts found that he had placed a 'severe burden' on organizers when it came to communicating with voters and meeting the filing deadline. They also rejected Yost's argument that the case belonged to the Ohio Supreme Court. 'Dave Yost has demonstrated that he can't be trusted with that amount of power,' said Mark Brown, an attorney for the organizers. 'It's a lot of power to give any state official, especially an elected official. The Supreme Court made the right decision.' Yost issued a statement saying he planned to work with the Republican-supermajority state Legislature to craft legislation 'to reform the ballot initiative summary process to protect the integrity of Ohio's elections and freedom of speech.' The constitutional amendment would end qualified immunity, special legal protections that prevent people from suing over claims that police or government workers violated their constitutional rights. It proceeds next to the Ohio Ballot Board.

Ohio attorney general certifies proposed ban on police immunity after loss at US Supreme Court
Ohio attorney general certifies proposed ban on police immunity after loss at US Supreme Court

Associated Press

time22-04-2025

  • Politics
  • Associated Press

Ohio attorney general certifies proposed ban on police immunity after loss at US Supreme Court

COLUMBUS, Ohio (AP) — Prompted by a stinging defeat at the U.S. Supreme Court, Republican Ohio Attorney General Dave Yost on Tuesday said he was putting aside his objections and allowing a proposed constitutional amendment that would end qualified immunity for police and other government employees to move forward. Yost's action came the same day the high court declined to stay a preliminary injunction issued by the U.S. District Court for the Southern District of Ohio, which sided with the measure's backers that their First Amendment rights to free speech had likely been violated. With Ohio's nearly century-old ballot initiative process at risk of being permanently declared unconstitutional, Yost moved immediately to dismiss the appeal he had filed in the Sixth Circuit Court of Appeals. Yost had repeatedly rejected proposed summary language for the measure as not being a fair and accurate representation of what the measure would do. However, lower courts found that he had placed a 'severe burden' on organizers when it came to communicating with voters and meeting the filing deadline. They also rejected Yost's argument that the case belonged to the Ohio Supreme Court. 'Dave Yost has demonstrated that he can't be trusted with that amount of power,' said Mark Brown, an attorney for the organizers. 'It's a lot of power to give any state official, especially an elected official. The Supreme Court made the right decision.' Yost issued a statement saying he planned to work with the Republican-supermajority state Legislature to craft legislation 'to reform the ballot initiative summary process to protect the integrity of Ohio's elections and freedom of speech.' The constitutional amendment would end qualified immunity, special legal protections that prevent people from suing over claims that police or government workers violated their constitutional rights. It proceeds next to the Ohio Ballot Board.

Idaho governor signs bill criminalizing public breast exposure and ‘truck nuts'
Idaho governor signs bill criminalizing public breast exposure and ‘truck nuts'

Yahoo

time27-03-2025

  • Politics
  • Yahoo

Idaho governor signs bill criminalizing public breast exposure and ‘truck nuts'

Idaho Gov. Brad Little gives a press conference after delivering his annual State of the State address on Jan. 6, 2025, in the Lincoln Auditorium in the Idaho Capitol. (Pat Sutphin for the Idaho Capital Sun) Idaho Gov. Brad Little signed into law a bill that criminalizes the public exposure of breasts. House Bill 270 updates Idaho's indecent exposure law, which already bans public exposure of genitals, to include female breasts, male breasts altered to look like female breasts, artificial breasts and toys or products that resemble genitals. Breastfeeding is exempt. The bill takes effect immediately — through an emergency clause. Little signed the bill Wednesday, according to the governor's office legislation tracker. Supporters say the bill will protect decency and modernize Idaho's indecent exposure law. Opponents say it could unduly punish transgender Idahoans and males experiencing hormonal conditions that enlarge breasts. The Republican-supermajority controlled Legislature widely passed the bill, with support from 87 Republican state lawmakers and opposition from 14 Democratic state lawmakers. The bill was cosponsored by Rep. Jeff Cornilles, R-Nampa, and Sens. Brian Lenney, R-Nampa, and Ben Toews, R-Coeur d'Alene. Debating the bill in the Senate this week, Lenney said the bill deals with a real problem of people exposing themselves. 'I've heard arguments … on this bill that said this somehow sexualizes breasts. I don't think we need a bill to do that,' he said. 'I think that's been happening since the Garden of Eden, and it's going to continue to happen forever.' Idaho Senate Minority Leader Melissa Wintrow, D-Boise, argued the bill violates the First Amendment by criminalizing expression that 'we don't like.' And she said the bill would allow people to call police over dangling faux scrotums hung on truck hitches, commonly called truck nuts. 'They're gross, they're offensive, and kids on the road see them. So why wouldn't the police get a call and say, 'That offends me, pull it off the truck?'' Wintrow said. 'Because now this bill will allow it. And I talked to police and they said, 'Indeed it would.' Nampa City Councilmember Sebastian Griffin helped craft the bill, telling lawmakers that the bill stemmed from him seeing a topless woman at an event at Lakeview Park in Nampa, where Canyon County Pride was held. He testified a police officer he approached at the time said the person wasn't engaging in illegal behavior. That's because it is not illegal for a man with breast enhancements to walk around topless, the officer said, according to Griffin. A first violation of Idaho's indecent exposure law is a misdemeanor crime. A second offense within five years is a felony. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

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