Gov. Patrick Morrisey began access to the exemption in January.
The American Civil Liberties Union (ACLU) is suing West Virginia, which allows students to receive religious exemptions from vaccines they need to attend school.
Republican Morrisey wrote at the time that he would force West Virginians to vaccinate their children despite religious objections.
The governor cited how lawmakers approved the Religious Equality Protection Act in 2023. This states that “unless it is essential to promote attractive government interests, actions from the state will not “real burden on the exercise of a person’s religion.”
The Equal Religious Protection Act does not allow governors to “unilaterally suspend Congressional conduct,” the organization said.
Related Stories
“Respondents continue to violate clear state laws at the Governor’s request,” he later added.
The lawsuit appoints health officials and agencies, including the West Virginia Department of Health, as defendants. On behalf of two parents of the state, he opposed the governor’s order.
The ACLU is asking the court to order officials to fully comply with state laws and not to award exemptions that are in conflict with the law.
The West Virginia Department of Health and Morrissey’s office did not respond to requests for comment on each publication time.
Before January, West Virginia was one of five states that did not grant exemptions for non-health reasons.
West Virginia law requires school students to be vaccinated against chicken pox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus, and hooping cough.
