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Judge Rules West Virginia Parents Can Cite Religious Beliefs for Vaccine Exemptions


RALEIGH COUNTY, W.Va. — A West Virginia judge has ruled that parents may now cite religious beliefs to opt out of school-required vaccines, a decision that will impact families statewide.
Raleigh County Circuit Judge Michael Forbes issued a permanent injunction prohibiting schools from blocking the attendance of any student who possesses a lawful religious exemption. The ruling means all public schools across West Virginia must accept state-approved religious exemptions.
The decision applies not only to the families involved in the lawsuit but also to more than 570 families statewide, as well as any future families who secure lawful exemptions.
The case had been stalled in September when Judge Forbes said he needed more time to make his ruling. In October, a similar lawsuit in Kanawha County was dismissed after a judge sided with the county’s Board of Education. That ruling came just days after Forbes certified a class action lawsuit for multiple families seeking religious exemptions. The parent in the Kanawha County case will not be part of that class action.
Statements from State Leaders

  • Governor Patrick Morrisey said the ruling affirms parental rights: “Families across West Virginia deserve the freedom to make decisions guided by their faith. This ruling ensures that lawful exemptions are respected statewide.”
  • Senator Shelley Moore Capito noted the broader implications: “This decision will have lasting impact on how schools balance public health requirements with religious liberty. It is critical that both are upheld responsibly.”
  • Senator Joe Manchin emphasized caution: “While I respect the court’s ruling, we must continue to prioritize the health and safety of our children. Vaccines remain an important tool, and families should consult with medical professionals as they make these decisions.”
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