CHARLESTON, W.Va.- December 3

The statewide debate over West Virginia’s school vaccination requirements entered a new phase this week after the WEST VIRGINIA SUPREME COURT OF APPEALS issued a stay on a recent lower-court order that temporarily allowed religious exemptions. The decision does not resolve the underlying dispute but pauses enforcement of a RALEIGH COUNTY CIRCUIT COURT injunction issued on November 26, which had granted relief to hundreds of families seeking religious exemptions under the state’s Equal Protection for Religion Act.

The conflict began when GOVERNOR PATRICK MORRISEY issued an executive directive earlier in the year instructing state health officials to create a process for religious exemptions to the compulsory school vaccine law. That directive cited the EQUAL PROTECTION FOR RELIGION ACT, a statute that prohibits the state from substantially burdening religious practice unless it meets a compelling-interest standard through the least-restrictive means. The governing school vaccination statute, however, requires immunizations for school attendance and historically has included no religious exemption, recognizing only medical exemptions.

Following the governor’s directive, the WEST VIRGINIA DEPARTMENT OF HEALTH processed religious-exemption requests from more than 500 families before later rescinding them, triggering a class-action lawsuit. On November 26, RALEIGH COUNTY JUDGE MICHAEL FROBLE issued a permanent injunction in that case, declaring that the blanket prohibition on religious exemptions violated the Equal Protection for Religion Act and ordering the state to honor the exemptions while litigation continued.

In response to the lower-court ruling, the WEST VIRGINIA BOARD OF EDUCATION briefly paused enforcement of its no-religious-exemption directive. However, the landscape shifted again on December 2, when the WEST VIRGINIA SUPREME COURT OF APPEALS granted a stay, temporarily restoring the previous policy. The BOARD OF EDUCATION then reinstated its directive to county school boards, stating they must not accept religious exemptions to compulsory vaccination requirements until the Supreme Court issues further guidance.

The legal developments have drawn national attention, in part because federal officials also weighed in earlier this year. The U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, led by Secretary ROBERT F. KENNEDY JR., issued a formal letter to West Virginia officials in August reminding states of federal conscience-protection laws and urging good-faith accommodations for religious objections. While the letter did not alter state policy, it added federal pressure to the ongoing dispute over how West Virginia should balance public-health requirements with religious-freedom statutes.

With the Supreme Court’s stay in place, West Virginia’s vaccine mandate currently functions exactly as it did before the November 26 order: children may only be exempted for medical reasons certified through the established process. Religious exemptions are not accepted at this time. The stay does not indicate how the Supreme Court will ultimately rule; it simply pauses the lower-court order while the justices review the case.

This moment leaves families, schools, and county boards in a holding pattern. The state’s strict vaccination law remains active, but the fundamental legal question — whether the Equal Protection for Religion Act requires West Virginia to permit religious exemptions — remains unresolved. The Supreme Court’s next actions will determine whether the mandate continues unchanged, whether a carve-out must be created, or whether the Legislature will need to intervene to clarify the conflict between the two statutes.

For now, the temporary halt means the issue is far from settled. The stay signals that the justices recognized the significance of the ruling and chose to freeze the situation before any permanent changes take effect. The coming months will determine whether West Virginia keeps one of the nation’s strictest vaccination policies or is required to restructure it to align with state and federal religious-liberty language.

The Appalachian Post is an independent West Virginia news outlet dedicated to clean, verified, first-hand reporting. We do not publish rumors. We do not run speculation. Every fact we present must be supported by original documentation, official statements, or direct evidence. When secondary sources are used, we clearly identify them and never treat them as first-hand confirmation. We avoid loaded language, emotional framing, or accusatory wording, and we do not attack individuals, organizations, or other news outlets. Our role is to report only what can be verified through first-hand sources and allow readers to form their own interpretations. If we cannot confirm a claim using original evidence, we state clearly that we reviewed first-hand sources and could not find documentation confirming it. Our commitment is simple: honest reporting, transparent sourcing, and zero speculation.

Primary First-Hand Sources

• WEST VIRGINIA SUPREME COURT OF APPEALS
• RALEIGH COUNTY CIRCUIT COURT
• WEST VIRGINIA BOARD OF EDUCATION
• GOVERNOR PATRICK MORRISEY
• WEST VIRGINIA DEPARTMENT OF HEALTH
• U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

Secondary Attribution-Based Sources

• AP News
• Associated Press local reporting
• Regional coverage through state-level outlets
• Press releases and public statements