A West Virginia judge has permanently overturned one of the nation’s strictest school vaccination policies, allowing hundreds of families to claim religious exemptions.
Story Highlights
- Raleigh County Circuit Judge Michael Froble issued a permanent injunction allowing religious exemptions to school vaccine requirements
- The ruling affects approximately 570 families statewide who had been denied school enrollment despite obtaining state-approved religious exemptions
- West Virginia’s Board of Education suspended its policy blocking religious exemptions pending a state Supreme Court appeal
- West Virginia joins 45 other states offering religious exemptions to mandatory school vaccinations
Constitutional Clash Over Religious Liberty
Judge Michael Froble’s November 26 ruling represents the culmination of a year-long battle between Governor Patrick Morrisey and the state Board of Education. When Morrisey took office in January 2025, he issued an executive order allowing religious exemptions based on the state’s Equal Protection for Religion Act of 2023. The Board of Education unanimously rejected this order in June, creating a bureaucratic standoff that left 570 families caught in the middle.
The conflict intensified when the legislature split on the issue. While the state Senate passed a bill to codify religious exemptions, the House of Delegates rejected it, leaving families in legal limbo. Judge Froble explicitly rejected the argument that legislative inaction prevented judicial relief, stating that “legislative intent is not absolute nor controlling in interpreting a statute.”
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Executive Authority Vindicated Through Judicial Review
Judge Froble’s analysis found that West Virginia’s universal denial policy substantially burdened religious exercise by forcing families to choose between vaccination and public education. His ruling highlighted a compelling inconsistency in the state’s approach: approximately 18,000 teachers and 10,000 school staff face no vaccination requirements despite working in close proximity to children daily.
The judge determined that recognizing 570 exemptions would not jeopardize herd immunity and noted the state failed to present evidence of geographic clustering or material impact on vaccination rates. This finding undermines the public health justification that school boards used to deny exemptions while simultaneously ignoring unvaccinated adult staff throughout the system.
Judge rules West Virginia parents can use religious beliefs to opt out of school vaccine requirementshttps://t.co/jSJuiuC1k0
— Yiota P Kiriakes (@hypertension57) November 27, 2025
Broader Implications for Religious Freedom
The ruling transforms West Virginia from one of the nation’s most restrictive states regarding vaccine exemptions to one aligned with 45 others offering religious accommodations. This shift reflects broader national trends recognizing parental rights and religious liberty protections. Governor Morrisey celebrated the decision, stating it was “a win for every family forced from school over their faith” and called on the legislature to “solidify this freedom for every West Virginian.”
However, the legal battle continues. The West Virginia Board of Education is appealing the class action certification to the state Supreme Court while suspending its previous guidance to counties. Circuit court judges in Kanawha, Berkeley, and Mineral counties previously denied similar preliminary injunctions, suggesting ongoing resistance within the judicial system.
Sources:
Governor Morrisey Applauds Major Legal Win in Vaccine Exemption Case
Permanent injunction granted in religious vaccine exemption case
Judge rules West Virginia parents can use religious beliefs to opt out of school vaccine requirements
Circuit judge’s final order: Schools can’t block unvaccinated students citing religious exemptions
