West Virginia Attorney General Patrick Morrisey is standing firm on his executive order that allows religious and philosophical exemptions from school vaccination requirements, despite the state legislature failing to pass a new law on the matter earlier this year.
In a statement issued Friday, Morrisey clarified that his Executive Order 7-25, which was introduced after he took office in January, remains fully in effect. “I have no intention of rescinding it,” he stated, directly addressing recent confusion over the policy’s status.
This executive action comes amid concerns about whether students could be denied access to public education due to religious objections to vaccinations. Morrisey said he is calling on the State Superintendent of Schools and all county boards of education to work with the Bureau for Public Health to ensure that students’ religious rights are upheld.
“Students will not be denied access to public education because of their religious objections to compulsory vaccination,” Morrisey affirmed.
This clarification follows a brief controversy sparked last week by State School Superintendent Michele Blatt, who issued a memo suggesting that current law still doesn’t permit religious vaccine exemptions. That memo was quickly rescinded later the same day after guidance from the Governor’s Office.
“At the Governor’s request, I am rescinding the memo I sent earlier today regarding vaccine exemptions,” Blatt wrote. “We are working collaboratively with the Governor’s Office to issue clear guidance to counties on how to comply with Executive Order 7-25.”
Blatt noted that the Department of Health would continue issuing non-enforcement letters under Morrisey’s executive order to families seeking exemptions.
Morrisey’s stance is rooted in constitutional protections and the Equal Protection for Religion Act (EPRA) of 2023, which prohibits the government from substantially burdening a person’s religious practices. According to Morrisey, EPRA applies not only to the state government but also to its political subdivisions, including public schools.
To request a religious or philosophical exemption, parents or guardians must send a signed letter to the Bureau for Public Health at VaccineExemption@wv.gov. The letter must include:
- The student’s full name and date of birth
- The parent or guardian’s name
- The intended school for enrollment
- A mailing address for the parent or guardian
Once reviewed, the Bureau will issue a letter either approving or denying the exemption. Approved exemptions will also be shared with the relevant school.
It’s important to note that exemptions granted for the 2024–25 school year must be renewed for the 2025–26 school year. This ensures that the state maintains accurate records of exempt students each academic year.
Morrisey’s letter also made clear that students with approved exemptions must be allowed to attend both virtual and in-person classes without receiving the vaccines from which they are exempt.
While public schools must honor these exemptions, private and parochial schools are not legally required to accept exempt students, unless legislation is passed. Still, Morrisey urged private educational institutions to respect religious objections and not turn students away.
He also warned that violations of EPRA could be met with legal action. Families whose rights are infringed upon may seek declaratory and injunctive relief, and if successful, could recover attorney’s fees and court costs.
The issue has already sparked legal challenges, and a U.S. District Court in West Virginia has indicated that the state’s compulsory vaccination laws may not adequately protect constitutional rights.
According to records obtained by West Virginia Watch, 186 vaccine exemption requests have been processed by the Department of Health since the end of March — more than triple the number of medical exemptions issued in all of 2023.
Morrisey’s renewed commitment marks a turning point in West Virginia’s vaccination policy landscape, placing a strong emphasis on religious freedom and parental choice in education and healthcare decisions.
