Supreme Court Stops Judge’s Order Allowing Vaccine Exemptions

The West Virginia Supreme Court of Appeals has issued a temporary stay blocking a Raleigh County judge’s ruling that would have permitted students to attend school with religious exemptions to the state’s long-standing compulsory vaccination requirements.

The stay pauses last week’s order by Judge Michael Froble, who had enjoined both the state and Raleigh County Boards of Education from enforcing vaccine mandates on students seeking religious or philosophical exemptions. Froble’s ruling had briefly opened the door for families to bypass vaccination requirements for school entry, triggering immediate policy shifts at the state level.

In its Tuesday order, the Supreme Court wrote:
“Upon consideration and review, the Court is of the opinion to, and does, grant the petitioners’ motion to stay… Enforcement of the circuit court’s November 26, 2025 order and any further proceedings… are stayed pending resolution of this petition for a writ of prohibition.”

State Reinstates Vaccination Rules After High Court’s Intervention

Following Judge Froble’s injunction, the West Virginia Department of Education had suspended the state’s compulsory vaccination rules. But after the Supreme Court issued its stay, the department reversed course.

“This directive will be in effect until the Supreme Court issues further guidance,” the department said, reinstating instructions to county boards not to accept religious exemptions to the compulsory vaccination law. “Our priority is to ensure compliance with W.Va. Code §16-3-4 and safeguard the health and well-being of all students across West Virginia.”

State School Board President Paul Hardesty praised the ruling, saying the issue was always destined for the state’s highest court.
“Today, our highest court has spoken and they will take the issue from here,” he said.

A Growing Legal Battle Over Vaccine Mandates and Religious Liberty

The Raleigh County lawsuit was brought by residents Miranda Guzman and Carley Hunter on behalf of their children. It is one of several active cases in West Virginia challenging the state’s strict vaccine mandates and arguing that parents should have religious freedom protections when deciding whether to vaccinate their children.

West Virginia is one of only five states that do not allow religious or philosophical exemptions to school vaccination requirements, permitting only medical exemptions. All 50 states require immunizations for school attendance against diseases such as polio, measles, and chickenpox.

The legal backdrop expanded earlier this year when Gov. Patrick Morrisey issued an executive order directing the Department of Health to recognize religious exemptions under the state’s 2023 Equal Protection for Religion Act. But the Legislature declined to codify those exemptions into law, and multiple state courts have since ruled that the governor lacks authority to unilaterally rewrite statutory vaccine requirements.

Despite the legislative setback, Morrisey’s order remains in place. According to the state Department of Health, 659 religious exemption requests have already been processed for the 2025–2026 school year.

Conflicting Rulings Across the State

The debate has sparked inconsistent rulings across West Virginia:

• Kanawha County: A circuit judge dismissed a similar lawsuit, ruling the governor cannot change state law through executive order.

• Berkeley County: A judge denied an injunction sought by nine families seeking recognition of religious exemptions; an appeal is pending.

• Raleigh County: The latest and most sweeping ruling — now halted — temporarily blocked enforcement of all state vaccine requirements for religious objectors.

The State Board of Education has already filed notice that it intends to appeal the Raleigh County case to the Supreme Court.

Governor’s Office Responds

Following Tuesday’s stay, Gov. Morrisey’s office said it is reviewing the court filings but maintained confidence that West Virginia will eventually align with the majority of states that allow religious exemptions.

“Whether we prevail in the courts or prevail with the Legislature, West Virginia will ultimately join the other 45 states that protect and defend religious liberty and will no longer be such an outlier on vaccine policy,” said Morrisey Press Secretary Drew Galang.

The case now moves to the West Virginia Supreme Court for full consideration — a decision that could have sweeping implications for religious liberty, public health policy, and parental rights across the state.

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