ACLU DECLARES WAR Over School Vax Rule

Doctor filling syringe with vaccine from vial

The ACLU has taken Governor Patrick Morrisey to court for bypassing the West Virginia Legislature to grant religious exemptions for school vaccinations, potentially endangering immunocompromised children across the state.

Key Takeaways

  • The ACLU and Mountain State Justice filed a lawsuit to block Governor Morrisey’s executive order permitting religious exemptions to mandatory school vaccinations.
  • West Virginia was previously one of only five states without non-medical vaccine exemptions, after the Legislature explicitly rejected such exemptions.
  • The lawsuit represents parents of vulnerable children, including a pediatric oncologist whose child is immunocompromised.
  • Governor Morrisey defends his order as protecting religious liberties guaranteed by both state and federal constitutions.
  • The legal battle centers on whether a governor can unilaterally override legislative statutes on public health matters.

Constitutional Showdown Over Vaccine Requirements

The American Civil Liberties Union of West Virginia, alongside Mountain State Justice, has initiated legal proceedings against Governor Patrick Morrisey’s executive directive authorizing religious exemptions to mandatory school vaccinations. The lawsuit, filed in Kanawha County Circuit Court and assigned to Judge Kenneth Ballard, fundamentally challenges the governor’s authority to override existing state law without legislative approval. The legal action represents two West Virginia parents who maintain that the governor has overstepped his constitutional boundaries by essentially rewriting vaccination requirements that have been established through proper legislative channels.

Prior to Morrisey’s directive, West Virginia stood as one of only five states nationwide that did not permit non-medical exemptions to school vaccination requirements. This stringent approach has historically been credited with maintaining high immunization rates across the state, providing significant protection for vulnerable populations who cannot receive vaccines for legitimate medical reasons. The West Virginia Legislature previously considered and deliberately rejected legislation that would have permitted the very exemptions Morrisey now seeks to implement through executive action.

Vulnerable Children at the Center of Legal Battle

The lawsuit prominently features two parents with particularly compelling interests in maintaining strong vaccination requirements. Dr. Joshua Hess, a pediatric hematologist and oncologist, not only has an immunocompromised child of his own but routinely treats children whose immune systems are severely compromised. These children face potentially life-threatening consequences if exposed to preventable diseases in school environments. The second plaintiff, Marisa Jackson, has a child susceptible to serious illness and has previously advocated successfully against non-medical exemptions during legislative sessions.

“Parents should be able to know their child will be safe when they send them off to school,” said Sarah Brown, MSJ Executive Director.

The lawsuit emphasizes that West Virginia law currently only permits medical exemptions for vaccinations, which require a doctor’s certification that a particular vaccine is contraindicated for a specific child. By permitting broad religious exemptions based merely on a signed statement asserting religious objections, the governor’s order potentially undermines the carefully constructed public health framework designed to protect all school children, including those most vulnerable to communicable diseases.

Governor Defends Religious Liberty Position

Governor Morrisey has vigorously defended his directive, asserting that mandatory vaccination despite religious objections represents an unconstitutional burden on religious exercise. His order directs health officials to permit religious exemptions when families sign a document stating their objections. Morrisey has publicly declared he will not rescind the order despite the lawsuit, maintaining that his primary objective is protecting the religious rights of public school students throughout West Virginia.

“Substantially burdens the free exercise of religion in violation of the inherent religious liberties guaranteed by the Constitutions of the United States and West Virginia,” said Patrick Morrisey.

The governor’s position invokes the Equal Protection for Religion Act, passed in 2023, which states that no state action may burden religious exercise unless it serves a compelling government interest. However, the ACLU contends that this law does not provide legal authorization for the governor to unilaterally override explicit statutory requirements. Legal experts note that this case represents a significant test of executive power and the separation of powers within state government.

Constitutional Boundaries at Stake

At its core, this legal challenge transcends the vaccination debate and centers on fundamental questions about governance and constitutional authority. The ACLU’s position emphasizes that regardless of one’s stance on vaccine requirements, the proper venue for changing such requirements is through the legislative process, not executive decree. This principle of separation of powers serves as a cornerstone of American governance at both state and federal levels.

“Governors do not rule by decree,” said Aubrey Sparks, ACLU-WV Legal Director.

The lawsuit seeks a court order ensuring compliance with existing state law and preventing exemptions that conflict with statute. As the case proceeds through the judicial system, it will likely establish important precedents regarding executive authority in public health matters and the balance between religious liberty claims and compelling state interests in maintaining public health standards. The outcome could have significant implications for similar disputes across the country as states continue to navigate complex questions of religious exemptions to health mandates.

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