Authored by Zachary Stieber via The Epoch Times (emphasis ours),
A judge on July 24 granted a reprieve to West Virginia parents whose children were being blocked from attending school because they had not received the required vaccinations.
West Virginia Circuit Judge Michael Froble issued a preliminary injunction for three sets of parents who sued the state Board of Education over its directive to school districts not to allow children with religious exemptions to attend school. The directive contradicted an executive order from the governor.
“The court believes that the compulsory vaccination law is not valid without a religious exemption, that constitutional law and constitutional review indicate that statute itself is not constitutional and is invalid without a religious exception,” Froble said from the bench during a hearing in Beckley, the Parkersburg News and Sentinel reported.
The state’s law requiring school children to receive certain vaccines states that medical exemptions must be permitted, but does not mention religious exemptions.
In the lawsuit, parents requested that the court find the law violated another state law, approved by lawmakers in 2023, that says in part that no action from the state may “substantially burden a person’s exercise of religion” unless it is essential to “further a compelling government interest.”
West Virginia Gov. Patrick Morrisey, a Republican, said in a January order that officials were refusing to let children with religious exemptions attend school, which “substantially burdens the free exercise of religion.” He directed state officials to permit religious exemptions.
The West Virginia Board of Education, in a directive to districts, said that they should continue excluding children without the required vaccines from schools unless they had medical exemptions, prompting the lawsuit.
“Big victory for religious liberty in West Virginia!” Morrisey wrote on X on Thursday. “We will continue to defend our 2023 Equal Protection for Religion law so that no child in the state is denied an education based on their religious beliefs.”
Aaron Siri, an attorney who is helping represent the parents, said on X that he was pleased with the injunction.
“We rest when every family has this freedom,” he said.
In a statement to news outlets, the West Virginia Board of Education said it was disappointed by the ruling and that members would decide on the next steps soon.
“This injunction is limited in scope and applies only to those named in this lawsuit. It will have no impact on other students in Raleigh County or throughout the state,” the board stated. “As students prepare for the upcoming school year, families are encouraged to comply with West Virginia’s compulsory vaccination laws.”
The ruling came one day after a different judge in the state dismissed a lawsuit filed by the American Civil Liberties Union of West Virginia that challenged Morrisey’s order on religious exemptions. That suit, lodged in May, said that Morrisey lacked the power to require officials to grant religious exemptions.
The judge said that the plaintiffs in the case failed to notify the defendants at least 30 days ahead of time before suing, violating a requirement in state law.
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