W.Va. (AP) Charleston – A woman from West Virginia has initiated a lawsuit on Tuesday, aiming for a religious exemption from mandatory school vaccinations for young children.
Miranda Guzman contends that the state’s vaccine order, West Virginia Act 2023, infringes on the constitutional right to religious freedom, asserting that the government cannot “substantially burden” this right unless it serves a compelling state interest. Guzman has filed a suit against the state, local school boards, and county school principals in Raleigh County Circuit Court.
Previously, West Virginia was among the few states that only allowed medical exemptions for school vaccinations under Republican Gov. Patrick Morrissey. An executive order was enacted in January to permit religious exemptions. However, the state board of education recently instructed public schools to disregard this executive order, opting instead to adhere to the existing vaccination requirements stipulated in state law.
Moreover, two organizations have also filed lawsuits, arguing that such authority lies with Congress rather than the governor.
Guzman had received a religious exemption from the state health department regarding vaccination mandates and had enrolled her children in primary schools for the 2025-26 academic year. However, on June 17, an email from the Raleigh County Principal indicated that her exemption certificate had been revoked, according to the lawsuit.
The attorneys representing Guzman indicated that the “simple legal question” at the heart of this case is whether enforcing the state vaccine mandate contravenes the 2023 Religious Protection Act.
Christie Day, a spokesperson for the West Virginia Board of Education, highlighted a statement from June 12, emphasizing the board’s intent to “do what is best” for public school students, educators, and school personnel. “This includes taking necessary measures to shield school communities from potential legal consequences stemming from non-compliance with vaccination laws,” the previous statement noted.
Requests for comments from Raleigh County Superintendent Serena Starcher went unanswered.
West Virginia’s vaccination policy for schools has been regarded by healthcare professionals as one of the most protective for children in the nation. State law mandates that children receive vaccines for chickenpox, measles, meningitis, polio, tetanus, and whooping cough before entering school.
Morrissey, who is not involved in the lawsuit, held a press conference in Beckley on Tuesday to support Guzman. “This isn’t about whether parents should vaccinate their children,” he stated. “This is about upholding religious freedom.”
At least 30 states have enacted religious freedom laws, including one signed by the governor of Georgia in April. This law mirrors the Federal Religious Freedom Restoration Act, which was signed into law by then-President Bill Clinton in 1993.
Source: apnews.com