BECKLEY — A Raleigh County judge on Thursday issued a permanent injunction ordering West Virginia education officials to allow students with approved religious exemptions to attend school, marking a significant shift in how the state enforces its longstanding vaccine requirements.
Circuit Judge Michael Froble ruled that the state must follow the Equal Protection for Religion Act of 2023, concluding that children who obtained religious exemptions through the West Virginia Department of Health cannot be barred from public school classrooms. The decision applies statewide and immediately alters how school systems handle non-medical exemption requests.
The case, brought against the West Virginia State Board of Education and the Raleigh County Board of Education, was certified as a class-action suit. The ruling now covers nearly every student who received a religious exemption under Gov. Patrick Morrisey’s executive order.
Following the decision, the West Virginia Board of Education announced it was suspending enforcement of its compulsory vaccination policy outlined in state code while the matter proceeds to the West Virginia Supreme Court of Appeals.
“In light of the November 26, 2025, circuit court ruling in Raleigh County, the West Virginia Board of Education hereby suspends the policy on compulsory vaccination requirements … pending further proceedings,” the board said in a statement.
Gov. Morrisey, who has championed broader acceptance of religious exemptions, praised the judge’s ruling and said it affirms protections enacted through the 2023 law.
“Today’s ruling is a win for every family forced from school over their faith,” he said, adding that the decision underscores the need for legislative action to permanently secure the exemption process.
Forty-five states already recognize some form of religious or philosophical exemption to school vaccine mandates.
