Charleston, W.Va. – Today, Governor Patrick Morrisey issued guidance to parents, students, and school officials advising that his executive order granting religious exemptions from vaccine mandates remains in place and it will not be rescinded.
“I am calling on the State Superintendent of Schools and the county boards of education in this state to work with the Bureau for Public Health to ensure that religious rights of students are protected,” said Governor Morrisey. “Students will not be denied access to public education because of their religious objections to compulsory vaccination.”
Governor Morrisey’s Executive Order 7-25 is based on the free exercise of religion guarantees of the United States and West Virginia Constitutions and the Equal Protection for Religion Act of 2023 (“EPRA”), which prohibits government action that substantially burdens a person’s exercise of religion. The EPRA applies equally to the state and “its political subdivisions,” and it “leav[es] no doubt about its primacy” over other conflicting state statutes. State and county officials are therefore bound to respect students’ exercise of religion when enforcing the state’s vaccine requirements.
Governor Morrisey goes on to detail multiple lawsuits pending in the federal courts challenging West Virginia’s compulsory vaccine requirements on constitutional grounds.
The guidance also gives direction on the process parents can follow to obtain a religious exemption for their child, which includes sending a signed letter to the Bureau for Public Health at [email protected] and providing the following information:
- Name and date of birth of student requesting religious exemption;
- Name of parent/guardian of student;
- Name of school parent/guardian intends to enroll student in; and
- Mailing address of parent/guardian of student.
The Bureau for Public Health will provide a letter to the parent or guardian notifying them whether the requested exemption is granted, and a copy of the exemption letter will be provided to the school identified in the letter.
Exemptions will be granted on a school year basis. Parents who have received an exemption during the 2024-2025 school year should renew their request for an exemption for the 2025-2026 school year so that the Bureau for Public Health, State Board of Education, and county schools can maintain an accurate record of the exempt students for each school year.
Governor Morrisey’s full letter can be read here.
