BECKLEY, W.Va. — A Raleigh County circuit judge issued a final order Wednesday with statewide implications, ruling that public schools cannot block unvaccinated students from attending classes or participating in extracurricular activities if their families cite religious exemptions. The state school board has indicated it will abide by the decision pending an appeals review by the West Virginia Supreme Court.
Circuit Judge Michael Froble granted a permanent injunction in a class-action lawsuit, determining that the state and county school boards’ policy of denying religious exemptions violated West Virginia’s Equal Protection for Religion Act of 2023.
The Ruling’s Core
For decades, West Virginia maintained one of the nation’s strictest school vaccination laws, allowing only medical exemptions. However, the 2023 Equal Protection for Religion Act provided the legal basis for families to challenge this policy.
In his 74-page Thanksgiving-week ruling, Judge Froble found that the state school board’s universal denial policy “substantially burdened” the religious exercise of families who were forced to choose between their faith and public education for their children. The ruling applies to more than 570 families across the state who have already sought and received religious exemptions from the Department of Health, as well as any others who seek them in the future.
Froble noted that the number of exemptions constituted a “small fraction” of the statewide student population and would not meaningfully reduce overall vaccination rates or increase health risks.
West Virginia joins other vaccine exemption efforts across the country.
Statewide Impact and Next Steps
The lawsuit was originally filed by Raleigh County residents Miranda Guzman and Carley Hunter on behalf of their children after their state-issued religious exemptions were rescinded by local school officials in June 2025.
In response to Wednesday’s order, the West Virginia Board of Education announced it would suspend its existing policy on compulsory vaccinations, pending a review by the state Supreme Court of Appeals. The state board had previously filed a notice of appeal regarding the preliminary ruling and has until December 12 to prepare its case for the high court.
Governor Patrick Morrisey, who issued an executive order in January allowing the Department of Health to process religious exemptions, praised the decision as a victory for religious liberty.
“Today’s ruling is a win for every family forced from school over their faith,” Morrisey said in a statement. He called on state lawmakers to codify the religious exemption protections into permanent state law during the next legislative session.
The judge’s ruling has statewide implications because Froble certified the case as a class action on behalf of more than 570 families who sought and received religious exemptions from school vaccination laws. While this case moves up the legal ladder, families with religious objections can seek exemptions through the state health department, with the process outlined on the WV Department of Health website.
