The federal government has picked a side in an ongoing battle that has pitted West Virginia Gov. Patrick Morrisey and the state health department against the state Board of Education over religious exemptions to the state’s school compulsory vaccination law.
In a letter dated Thursday, the U.S. Department of Health and Human Services Office for Civil Rights said West Virginia should accept religious exemptions to the state’s school vaccine requirements, siding in favor of an executive order from Morrisey.
The letter was addressed to health departments in the state that participate in the Vaccines for Children program, a federal program that provides vaccines for children whose parents cannot afford them.
Officials warn that health departments that participate with VFC must comply with applicable state laws, including those that deal with religious or other exemptions.
Morrisey’s executive order from January is based on the 2023 Equal Protection for Religion Act, which states that “no state action may burden a person’s exercise of freedom of religion, unless doing so is essential and is the least restrictive means of furthering a compelling government interest.” Morrisey argues that the state’s school vaccination law must be read alongside the religious freedom bill to allow religious exemptions.
In the letter, federal health officials agreed.
“West Virginia is a participant in the VCP6 and receives $1.37 billion from the Centers for Medicare & Medicaid Services each year as the federal Medicaid contribution,” Paula Stannard, director of the Office for Civil Rights, wrote. “Therefore, West Virginia is obligated to ensure that its [Vaccines for Children] providers comply with applicable state laws like EPRA, which requires recognition of religious exemptions from West Virginia’s Compulsory Vaccination Law.”
It’s unclear what weight the letter carries. Health departments do not enforce the state’s school vaccination law.
A spokesperson for the HHS Office for Civil Rights told West Virginia Watch Friday that the letter “is not a notice of investigation, and it makes no finding on compliance.”
In a statement Friday afternoon, the state Board of Education said the agency is aware of the letter, but noted it was not addressed to the board. The letter has no impact on the board’s position that the current compulsory school immunization law does not contain a religious exemption, the statement says.
“The WVBE will stay the course in its pursuit of legal relief from the West Virginia Supreme Court regarding compulsory immunizations and religious exemptions,” the statement said. “This Board will continue to uphold its duties as outlined in the West Virginia Constitution and laws as established by the West Virginia Legislature.”
Answering a reporter’s questions, the state Department of Health confirmed Friday evening the agency had received the letter.
A spokeswoman for the department said health officials do not see it as a threat to remove funding, “but it does confirm the Governor’s interpretation of the Equal Protection for Religion Act and supports his executive order to grant religious exemptions.”
In a news release Friday, West Virginians for Health Freedom praised the letter, calling it a formal confirmation that the state must allow religious exemptions.
“We appreciate [HHS Secretary Robert F. Kennedy Jr.] and the Trump administration’s attention to this matter,” Dr. Chanda Adkins, president of West Virginians for Health Freedom, said in the news release. “The recognition of religious exemptions is a fundamental cornerstone of the religious liberty upon which our nation was built. Yet, many West Virginia children have recently been unjustly denied access to the free public education guaranteed to them. We are hopeful that this letter from the Office for Civil Rights will reaffirm and protect the rights of conscience for families across our state moving forward.”
The group urged families who believe their religious rights are being violated to file a complaint with the HHS Office for Civil Rights.
The state Board of Education and the state Department of Health have been at odds over the vaccination law and Morrisey’s executive order requiring the state to allow religious exemptions to the state’s vaccination laws.
West Virginia has some of the strongest school vaccination requirements in the country. It’s been one of five states that have not allowed religious exemptions for the shots. Morrisey issued the executive order requiring the state to allow religious exemptions on his second day in office.
Despite the Legislature rejecting a bill that would put the exemptions in state code, Morrisey has not rescinded his order.
The state Board of Education has instructed county school boards not to accept religious exemptions. A Raleigh County circuit judge last month ruled in favor of three families who sued the school board for not allowing them to attend school with a religious exemption. The preliminary ruling was limited to allowing only those students to enter school.
Meanwhile the Board of Education has filed notice that it plans to appeal to the state Supreme Court over the Raleigh County ruling.
In a separate lawsuit, two parents of immunocompromised children are suing the West Virginia Department of Health in Kanawha County Circuit Court for granting religious exemptions. The families are represented by the ACLU of West Virginia and Mountain State Justice.
Earlier this week, state Attorney General J.B. McCuskey filed a motion asking for the two cases to be consolidated and considered together.
This story has been updated to include a comment from the state Department of Health.
This article originally appeared on West Virginia Watch.
West Virginia Watch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. West Virginia Watch maintains editorial independence. Contact Editor Leann Ray for questions: info@westvirginiawatch.com.
