After decades of efforts by parents and other activists, West Virginia finally has religious and conscientious exemptions for K-12 vaccines. On his second day in office, January 14, 2025, West Virginia Governor Patrick Morrisey issued Executive Order No. 7-25, recognizing that religious freedom required him to add these two critical exemptions. Prior to this order, West Virginia was one of the few states that did not allow any non-medical exemptions to school immunization requirements, placing it alongside California, New York, Connecticut, and Maine. Back in early 2024, the former West Virginia Governor Jim Justice vetoed a proposal for a religious exemption which had been passed by the legislature.

Authority for vaccine exemptions Order

Legislatures are supposed to make laws, and governors are supposed to enforce laws. In this case Governor Morrisey takes the position that various parts of the West Virginia and US Constitutions, combined with other statutes, require him to issue the Order under his duty to execute the law. Under the West Virginia Constitution people have “certain inalienable rights,” the right to be unmolested in one’s “body or goods,” or otherwise suffer because of their “religious opinions or beliefs,” as well as the fundamental right to an education. The state’s Equal Protection for Religion Act from 2023 was another basis supporting Morrisey’s executive Order. Morrisey’s Order notes that forcing children to accept vaccinations, without a religious exemption, violates the free exercise of religion guaranteed under the US Constitution.

Equal Protection for Religion Act of 2023

The state’s Equal Protection for Religion Act passed in 2023. It prohibits the state from substantially burdening a person’s exercise of religion, unless it is necessary to achieve a compelling governmental interest, in the least restrictive way. Citing this law, Morrisey’s Order acknowledges that many West Virginians have sincere religious and moral objections to vaccines. The executive Order directs the state health officials to create a process for parents to submit religious or conscientious objections in writing, which would exempt their children from the mandatory vaccination requirements. Under the Order, a written objection to vaccination is itself adequate proof of its validity.

Four states left with no religious or conscientious exemptions

Nationally, vaccine exemption policies vary widely. According to the National Conference of State Legislatures (NCSL), all states allow medical exemptions, but the approach to non-medical exemptions differs. As of August 2024, thirty states and Washington D.C. allow exemptions based on religious beliefs, while thirteen states provide exemptions for both religious and personal reasons. Only five states, including West Virginia before this executive Order, prohibited all non-medical exemptions.

Plan ordered by February 1

Governor Morrisey’s Order requires the Bureau for Public Health to develop a comprehensive plan by February 1, 2025, to implement the new exemption process. This plan must include proposals for legislative changes and regulations to reflect the new policy. Additionally, the Bureau must report on the number of individuals who have filed objections to the compulsory immunization law.