Since January, the West Virginia Board of Education has made clear their intention to disregard Governor Morrisey’s Executive Order mandating the state to grant religious exemptions to the required vaccination schedule for school attendance.

West Virginia is one of only five states in the nation that do not allow religious and/or philosophical exemptions; all of WV’s border states allow for this freedom.  Gov. Morrisey’s EO is based on the 2023 Equal Protection for Religion Act (EPRA), however the WV BOE, upon legal counsel, continues to point a finger to WV Code §16-3-4, which outlines immunization requirements for school attendance.

It’s a battle that continues to play out in a supposed red majority state, shedding evidence that many state authorities and lawmakers claiming to be conservative are Republican in name only.  A pillar of conservative belief is in religious freedom, as enshrined in the U.S. Constitution, and the expression of that faith, including the ability to decide what is injected into the body, the temple of God.

Hundreds of families across the state were celebrating on Wednesday, Nov. 26, when Raleigh County Judge, Michael Froble, granted a permanent injunction in favor of religious exemptions, upholding West Virginia’s 2023 EPRA. Because the case was designated a class-action, the ruling impacted all students who were seeking religious exemptions to mandated vaccines. Judge Froble’s order stated, in part:

“For the avoidance of all doubt, the Enjoined Defendants shall not prevent the Plaintiffs, members of the Class, or their minor children from enrolling in school, attending school, or participating in extracurricular sports because of their vaccination status. IT IS SO ORDERED.”

Parents were relieved to have opportunity to re-enroll their children and sent them to school on Monday, Nov. 30 after the Thanksgiving holiday.  However, many students were still denied entry. Reports from distressed families came in from Cabell, Harrison, Mineral, Ritchie, Marshall and Berkeley counties stating school officials were unwelcoming and seemed confused about the protocol, even when a copy of Judge Froble's order was in hand.

The WV Board of Education did in fact issue guidelines on their website on Nov. 26, stating their compliance and also the intention to appeal the Raleigh County ruling:

“In light of the November 26, 2025, circuit court ruling in Raleigh County, the West Virginia Board of Education hereby suspends the policy on compulsory vaccination requirements as outlined in W. Va. Code 16-3-4, pending further proceedings on the issue before the West Virginia Supreme Court of Appeals.”

From the statement, the WV BOE made clear once again their commitment to opposing West Virginia's Governor and religious exemptions for the students of the Mountain State. On Tuesday, the point became moot after the State Supreme Court issued a temporary stay on the lower court’s ruling, effectively allowing public schools to continue discriminating against unvaccinated students. 

Many families object to mandated immunizations based on moral and religious grounds, citing the aborted fetal cells present in the MMR and chicken pox vaccines, as well as other ingredients foreign to the human body, which can compromise the integrity of the natural immune system as God designed it.  Many argue in favor of removing mandates, as Idaho lawmakers have recently done, and doing away with exemptions altogether.

Since West Virginia is an outlier, maintaining possibly the strictest vaccine requirements in the nation, while all border states allow for religious liberties in this area, one may ponder why the WV State BOE continues to allow our students to compete with out-of-state teams, sharing a football field or basketball court with children from those other states.  Are West Virginia's 18,000+ teachers required to have the same vaccinations and boosters they are forcing the kids to have? Who is checking their vaccine cards?

And one may also question the premise behind the State Education Department, when they issued this statement after the Supreme Court’s action to stay the lower court’s ruling:

"In light of the West Virginia Supreme Court’s stay of the class certification order and the permanent injunction order entered in Raleigh County Circuit Court, the West Virginia Board of Education is reinstating its directive to county boards of education not to accept religious exemptions to compulsory vaccination laws. This directive will be in effect until the Supreme Court issues further guidance. Our priority is to ensure compliance with W. Va. Code §16-3-4 and safeguard the health and well-being of all students across West Virginia." 

In WalletHub’s 2025 report on child health rankings, West Virginia ranks among the bottom ten, with Mississippi earning the dismal spot of being home to the nation’s sickest children—another outlier state that does not allow religious and/or philosophical exemptions. Coincidence?

According to the Annie E. Casey Foundation’s 2025 KIDS COUNT Data Book, WV ranks 39th out of 50 states in the domain of health, due to low birthweight, substance abuse, elevated infant mortality rates, high rates of child obesity, smoking exposure, poor oral health and limited healthcare access in rural areas (proving a need for CON repeal, but that’s another discussion), and limited access to healthy food.

The WV BOE likes to cite failed legislation from the 2025 Legislative Session as another reason to disregard the Governor’s executive order regarding exemptions.  Senate Bill 460 was a hotly contested bill from the regular session earlier this spring. 

While the Senate easily passed the bill (20-12) which permitted religious exemptions to mandatory vaccine requirements, the House was lit with fury on receiving the bill, which prompted emotional floor speeches and multiple amendments to the bill. In the end, on Friday, March 21,  it looked as if the bill might pass, thus codifying the Governor’s EO. But by Monday, March 24, twelve Republicans who had voted for the final amendment flipped, and voted against (56-42), thus killing the bill.

The flipped votes have remained a point of contention and conversation among conservatives, with some speculating about the role of House Speaker, Roger Hanshaw, a position he has held since 2018. As Speaker, Hanshaw enjoys the authority of committee appointments as well as control over what bills advance and which ones become shelved. 

Interestingly, WV House Speaker, Roger Hanshaw (R-Clay) has worked for Bowles Rice, LLP since 2012.  This prominent WV law firm has served as general counsel to the West Virginia School Board Association (WVSBA), provides legal representation to all 55 county boards of education, the West Virginia Department of Education (WVDE) and Regional Education Service Agencies (RESAs).

According to U.S. News & World Report’s Best Law Firms, Bowles Rice, LLP, ranked as a Tier 1 firm, derives significant revenue from education sector clients. They publish annual legislative summaries on public education impacts and speak at WVSBA conferences.

Bowles Rice, LLP, according to their website, provides legal services to the WVSBA and all 55 county boards, including retainer-based general counsel plus billing hourly for litigation, policy work, grievances, student discipline and special education matters. No specific retainer amounts were located in the pubic domain, but comparing other typical school board retainers in similar markets, this might range from $15,000-$100,00 annually per district and billing rates of $250-$400 per hour. 

With such lucrative revenue generated from WV public education, could there be a possible conflict of interest in the “Peoples House” of the Mountain State?