CHARLESTON, W.Va. – Governor Patrick Morrisey today filed an amicus brief with the West Virginia Supreme Court of Appeals defending the state’s Equal Protection for Religion Act and the religious exemption process established under Executive Order 7-25.
“West Virginia law protects religious freedom, and that law must be followed,” said Governor Morrisey. “Parents should not be forced to choose between their sincere religious beliefs and their child’s right to an education. The Equal Protection for Religion Act is clear, and my administration will continue fighting to ensure that religious liberty is respected across state government.”
In 2023, the West Virginia Legislature enacted the Equal Protection for Religion Act, which prohibits the government from substantially burdening sincere religious exercise unless it satisfies the strictest legal scrutiny. The Governor’s brief argues that EPRA applies to West Virginia’s school vaccination law and requires the state to provide meaningful accommodation for families with sincere religious objections.
Governor Morrisey issued Executive Order 7-25 on his first day in office, directing the Department of Health to establish a process for families to seek religious exemptions from school vaccination requirements. The Department began issuing exemption letters, but the West Virginia Board of Education directed county school systems not to honor them.
The Governor’s brief argues that the Board’s position violates EPRA by treating religious objectors more restrictively than others who are also permitted to attend or work in schools while unvaccinated, including students with medical exemptions and adults who are not subject to the same vaccination requirements.
The brief also defends the Governor’s constitutional authority to ensure West Virginia law is faithfully executed, including EPRA.
“This case is not about whether vaccines are effective or whether families may choose them,” Governor Morrisey said. “It is about whether the government can ignore a law designed to protect sincere religious exercise. West Virginia must be a state where families of faith are not pushed out of the classroom because they exercised rights protected by law.”
The Governor’s brief asks the West Virginia Supreme Court of Appeals to affirm the lower court’s ruling.
