The West Virginia chapter of the American Civil Liberties Union (ACLU-WV) filed a lawsuit on Friday aimed at halting Governor Patrick Morrisey’s controversial executive order that allows religious exemptions from school immunization requirements.
The legal action, brought in Kanawha County Circuit Court, challenges the authority of the governor to override state vaccination law, claiming that such powers rest solely with the Legislature.
The lawsuit was filed on behalf of two concerned parents, Marisa Jackson and Dr. Joshua A. Hess, by attorneys from ACLU-WV and Mountain State Justice. They are requesting a writ of mandamus, a legal order that would compel the Governor’s Office to enforce the state’s mandatory immunization law for schoolchildren.
This law requires vaccinations against diphtheria, pertussis, tetanus, polio, measles, mumps, rubella, varicella, and hepatitis B, unless a valid medical exemption is provided.
Governor Morrisey issued Executive Order 7-25 on January 14, citing the 2023 Equal Protection for Religion Act. The order permits parents or guardians to opt out of school-required immunizations based on religious or philosophical beliefs. All that is needed is a written statement submitted to the state’s Bureau of Public Health.
“Governors do not rule by decree,” said ACLU-WV Legal Director Aubrey Sparks in a press release. “The West Virginia Constitution clearly gives the Legislature—not the governor—the power to create or change state law, especially when it comes to public health and education.”
Dr. Hess, a pediatric hematologist and oncologist at Marshall Health’s Cabell Huntington Hospital, has a child who is immunocompromised and thus highly vulnerable to infectious diseases.
Marisa Jackson, a parent from Kanawha County, has also been outspoken against similar legislative efforts, citing the danger these exemptions pose to children with health conditions.
Earlier this year, the Governor’s Office backed Senate Bill 460, which included religious and philosophical exemptions to school vaccination mandates. The bill narrowly passed the Senate but failed in the House of Delegates by a 42-56 vote in March.
Despite its failure, Morrisey’s executive order remains in effect, creating a tense standoff between the executive branch and state health and education officials.
In early May, State Superintendent of Schools Michele Blatt issued guidance for schools to continue following the existing immunization requirements for the 2025–26 academic year. However, that guidance was rescinded under pressure from the Governor’s Office.
As the legal battle unfolds, the West Virginia Board of Education is expected to take up the issue during its June meeting. County school boards in Kanawha and Ohio counties have sought independent legal opinions to assess the validity of Morrisey’s executive order.
The Governor’s Office has not responded directly to the lawsuit, but in a May 9 statement, Morrisey reaffirmed his commitment to the exemptions, saying, “Students will not be denied access to public education because of their religious objections to compulsory vaccination.”
Public health advocates are warning of the consequences. “We are seeing the devastating effects of loosening vaccine requirements across the country,” said Sarah Brown, Executive Director of Mountain State Justice. “The Legislature made the right call by rejecting the exemption bill. That decision should not be undone by unilateral executive action.”
The CDC reports that 14 measles outbreaks have occurred in the U.S. since the beginning of 2025, with over 1,000 confirmed cases across 31 states. Critics of the executive order fear that removing vaccine mandates without legislative approval could place vulnerable children and broader communities at serious risk.
The lawsuit marks a significant challenge to executive authority in West Virginia, and the outcome may set an important precedent regarding public health policy and constitutional governance in the state.
