West Virginia BOE holds emergency meeting on religious vaccine exemption lawsuit
West Virginia Board of Education Vice President Victor Gabriel, center, chairs a special meeting of the state board Wednesday, as board member Gregory Wooten, left, and State Superintendent of Schools Michele Blatt, right, listen. (Photo by Steven Allen Adams)
CHARLESTON — Members of the West Virginia Board of Education gathered for the first time since a Raleigh County parent filed a lawsuit – supported by Gov. Patrick Morrisey – to challenge a directive from the board requiring counties to not allow for religious exemption to the state’s school-age immunization program. The state Board of Education went into executive session Wednesday afternoon after calling a special meeting to discuss a pending lawsuit filed June 24 challenging a unanimous motion made by the state board to issue guidance to county school systems that they follow the current compulsory school vaccination law that does not permit religious exemptions for students. No actions were taken by the board following the executive session. Prior to the start of the executive session, state board member Paul Hardesty told those in attendance Wednesday what the board would be discussing behind closed doors. The state board hired outside counsel – Ben Bailey of the Bailey and Glasser law firm – to represent the board during the lawsuit. “Our agenda today looks a little different than it usually is,” Hardesty said. “It is well documented that the board is now in possession of a lawsuit which we are named with regards to immunizations. “We’re going to talk to our counsel about options with regards to this new litigation, which we are a party to, but I felt like I could make that statement to you all so you know what we are doing, and you’re not just standing here and trying to second guess and find out,” Hardesty continued. Raleigh County parent Miranda Guzman filed a lawsuit on behalf of her child seeking a preliminary and permanent injunction against the West Virginia Board of Education, State Superintendent of Schools Michele Blatt and the Raleigh County Board of Education. One of the attorneys representing Guzman is Aaron Siri of the law firm Siri Glimstad. Siri, an advisor to U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr., is a noted opponent of vaccine requirements. The lawsuit seeks to block a June 11 unanimous vote by the state Board of Education requiring Blatt to issue guidance to county school systems that they follow the current state code requiring children attending public and private school to show proof of immunization for diphtheria, pertussis, tetanus, polio, measles, mumps, rubella, varicella and hepatitis B unless proof of a medical exemption can be shown. Morrisey held a press conference in Beckley last month expressing his public support for Guzman’s lawsuit against state education officials, whom he accused of being “politically unaccountable.” Morrisey signed an executive order in January allowing for religious and conscientious objections to the state’s school vaccination mandates. The Morrisey administration released guidance to parents and schools in May requiring counties to honor religious exemptions granted by the state Department of Health. Morrisey said his executive order clarifies State Code, arguing that the 2023 Equal Protection for Religion Act supersedes the requirement of school-age vaccines for public and private school students, therefore allowing for religious exemptions. The ACLU-WV filed suit in May challenging the legality of Morrisey’s executive order. The Legislature rejected a bill introduced on behalf of Morrisey during the 2025 session to codify the religious and philosophical school-age vaccine exemptions. While the bill passed the state Senate, the House version of the bill – which only allowed for a religious vaccine exemption for public schools while allowing private and parochial schools to set their own vaccine requirements – failed in a 42-56 vote. Steven Allen Adams can be reached at sadams@newsandsentinel.com.Local News
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