CHARLESTON, W.Va. — Patrick Morrisey has filed a legal brief with the West Virginia Supreme Court of Appeals in a closely watched case involving religious exemptions to school vaccination requirements.
The filing, known as an amicus brief, supports West Virginia’s Equal Protection for Religion Act (EPRA) and argues that families seeking religious exemptions should not be denied access to public education.
At the center of the case is whether West Virginia must recognize religious exemptions to its longstanding school vaccine requirements.
In 2023, state lawmakers passed the Equal Protection for Religion Act, a law aimed at strengthening protections for religious freedom in West Virginia. Shortly after taking office, Morrisey issued Executive Order 7-25 directing state health officials to establish a process for handling religious vaccine exemption requests.
Although exemption letters were later issued through that process, the West Virginia Board of Education instructed local school districts not to honor them.
In the newly filed brief, Morrisey argues the Board’s position conflicts with state law by placing stricter limitations on religious exemptions than other forms of exemptions already recognized under state policy.
The brief also argues the state currently allows some unvaccinated individuals — including students with approved medical exemptions — to attend school while denying accommodations tied to sincerely held religious beliefs.
According to Morrisey, the Equal Protection for Religion Act requires the government to treat religious beliefs equally unless officials can meet the highest legal standard of justification.
The Governor said the broader issue extends beyond vaccines themselves, framing the case as a question of religious liberty and equal treatment under state law.
“Families should not have to choose between their faith and their child’s education,” Morrisey said in discussing the filing.
He also emphasized that the case is not centered on vaccine effectiveness, but instead on whether state agencies must comply with laws protecting religious freedom.
Morrisey is asking the state’s highest court to uphold a lower court ruling supporting the application of EPRA to school vaccination policies.
A decision from the West Virginia Supreme Court of Appeals could carry significant implications for school vaccine requirements, religious exemption policies, and the broader balance between public health regulations and individual religious rights across the state.
