Beckley, WV — October 9, 2025
A pivotal vaccine exemption case in Raleigh County Circuit Court has officially been granted class action status, potentially reshaping how West Virginia enforces school immunization laws.
Judge Michael Froble ruled Wednesday that the lawsuit—originally filed by a small group of Raleigh County parents—now represents more than 570 students across the state who received religious exemptions for the 2025–2026 school year. The decision opens the door for a broader legal challenge to West Virginia’s longstanding vaccine mandate, which currently allows only medical exemptions.
A Battle Between State Agencies
The case centers on conflicting directives from state leadership. Earlier this year, Governor Patrick Morrisey issued an executive order directing the Department of Health to accept signed parental statements as valid religious or conscientious exemptions. That order was based on the 2023 Equal Protection for Religion Act.
However, the West Virginia Board of Education has continued to enforce the state’s vaccine law—requiring immunizations for school entry unless a licensed physician grants a medical exemption. County school systems were instructed to reject all nonmedical exemptions, creating confusion and legal tension across the state.
What the Court Decided
Judge Froble emphasized that the class action designation was necessary to prevent inconsistent rulings and to protect families who might otherwise struggle to represent themselves in court.
“This case is about the Board of Education’s uniform refusal to honor nonmedical exemptions,” Froble said. “The class action makes sense to the court.”
The court heard testimony confirming that all 575 exemption requests submitted to the Department of Health had been approved, despite being rejected by local school boards.
What Happens Next
Final briefs are due this week, and a ruling on the permanent injunction could arrive shortly. If granted, the injunction would block schools from enforcing the vaccine mandate against students with approved religious exemptions—at least temporarily.
Similar lawsuits are underway in Berkeley and Mineral counties, where judges have upheld the vaccine law. Froble’s decision in Raleigh County could set a precedent for future challenges statewide.
