BECKLEY— A four-day hearing over whether West Virginia families can claim religious exemptions to school vaccination requirements has ended without an immediate decision.
After two days of testimony in September and two more this week, Raleigh County Circuit Judge Michael Froble told attorneys Thursday that he needs more time to deliberate before issuing a ruling.
“I don’t believe at this point I’m ready to make the ruling,” Froble said from the bench. “I think that would be inappropriate without going back and carefully deliberating your positions.”
He added that he intends to issue a decision by the end of November, if not sooner.
Case Expanded to Affect Families Statewide
The case took on greater significance this week when Judge Froble certified it as a class action, meaning the ruling will apply not just to a few Raleigh County families, but to others across West Virginia seeking similar religious exemptions.
Originally, only a handful of students were affected. But the judge’s class action decision means families statewide could be impacted by how he interprets the law.
Attorneys for both sides expect the case will eventually reach the West Virginia Supreme Court of Appeals, possibly for oral arguments next spring.
Other Court Challenges Underway
Similar lawsuits are unfolding in Kanawha and Berkeley counties. In Berkeley County, a judge recently denied a temporary restraining order for families seeking religious exemptions but set another hearing for mid-November.
Because Froble has not yet issued a written order, it remains unclear how other judges will proceed in the meantime.
Two Cases, One Courtroom
Froble has been juggling two related cases at once:
One filed by parents arguing that schools must recognize their religious objections to mandatory vaccines. Froble previously granted a preliminary injunction allowing four students to attend classes unvaccinated.
Another filed by parents of medically vulnerable children, who say their kids are at risk if schools are opened to more unvaccinated students. That case challenges the constitutionality of an executive order by Gov. Patrick Morrisey.
Governor’s Role and the Religious Freedom Law
The controversy began when Gov. Morrisey, who supports religious and philosophical exemptions, issued a directive allowing families to email their exemption requests to the state using a simple form.
Morrisey’s administration and the families’ attorneys argue that the 2023 Equal Protection for Religion Act protects such exemptions. The law bars the state from burdening an individual’s religious exercise unless it’s the least restrictive means of achieving a compelling government interest.
Under current law, West Virginia students must show proof of immunization against diphtheria, pertussis, tetanus, polio, measles, mumps, rubella, varicella, and hepatitis B unless they have a medical exemption.
Arguments From Both Sides
Chris Wiest, attorney for the families seeking exemptions, said parents’ beliefs should be trusted and that the state hasn’t proven it’s using the least restrictive approach.
“No one’s going to request an exemption if it didn’t burden their beliefs,” Wiest said.
“It’s not enough to say vaccination is good — they have to show it’s essential.”
Holly Wilson, deputy solicitor general for the Attorney General’s Office, countered that families opposing exemptions have not shown imminent harm.
“Any degradation in herd immunity, if it ever even occurs, would happen over an extended period of time,” Wilson said. “It’s not imminent, and it’s not actual.”
Aubrey Sparks, legal director for ACLU-West Virginia, warned that a broad exemption process could endanger students.
“A rubber stamp means that any number of children can get one regardless of their religious belief,” Sparks said.
Corey Palumbo, representing the Raleigh County school board, cautioned that a sweeping interpretation of religious freedom laws could undermine other parts of state code.
“It’s poised to blow huge holes in every part of the state code,” Palumbo said.
And attorneys for the State Board of Education argued that maintaining strict vaccination rules is vital to public health, saying West Virginia’s vaccination law has protected children for more than 80 years.
What’s Next
Judge Froble said he will issue his written decision by the end of November. Whatever the outcome, the case appears certain to set the stage for a state Supreme Court review and could shape the future of West Virginia’s long-standing vaccination policy.