WEST VIRGINIA (WCHS) -- A Raleigh County judge issued a permanent injunction Wednesday in favor of granting religious exemptions for compulsory vaccine requirements in West Virginia.
The decision mandates that the West Virginia Board of Education abide by the Equal Protection for Religious Protection Act of 2023, and allow children who have received a religious exemption through the West Virginia Department of Health to attend school, according to a news release from Gov. Patrick Morrisey's office.
"Today's ruling is a win for every family forced from school over their faith," Morrisey said in the news release. "I will always take a stand for religious liberty and for the children of this state. I applaud the court for upholding West Virginia's Equal Protection for Religion Act."
The ruling stems from the governor's executive order granting religious exemptions from school vaccine requirements. The West Virginia State Board of Education, citing an older statute, opposed the exemptions amid concerns of a polio and measles comeback.
The case against the West Virginia State Board of Education and the Raleigh County Board of Education was certified as a class action suit covering nearly every student who was granted religious exemptions under the governor's executive order.
Nearly 600 students have requested religious exemptions.
The West Virginia Board of Education released a statement Wednesday following the ruling saying the following:
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.
Following the ruling, Morrisey called on lawmakers to "solidify this freedom" in the state's laws - something they chose not to do during the previous legislative session.
"Now is the time for the legislature to act. I am calling on every lawmaker to step forward and solidify this freedom for every West Virginian," he said.
Forty-five states already have religious or philosophical exemption for vaccines.