ACLU-WV, MSJ sue over Morrisey’s vaccine exemption order
The groups filed suit Friday on behalf of two parents with immunocompromised-children seeking injunctive relief against an executive order expanding vaccine exemptions in the state.
CHARLESTON, W.Va. — The American Civil Liberties Union of West Virginia (ACLU-WV) and Mountain State Justice (MSJ) filed a lawsuit in Kanawha County Circuit Court seeking to bar the Morrisey administration’s attempt to allow nonmedical vaccine exemptions for students in the state. Judge Kenneth Ballard was assigned to the suit.
Petitioners Marisa Jackson and Dr. Joshua A. Hess are the parents of immunocompromised children who would be negatively impacted by any loosening or weakening of community vaccine standards, the filing alleges.
The state’s Department of Health and Bureau for Public Health, as well as Interim Commissioner for Public Health Justin Davis and Secretary of Health Arvin Singh are named as Respondents.
ACLU-WV and MSJ argue in their lawsuit that the Commissioner for Public Health cannot “exceed the authority that the Legislature has granted him…and certainly not merely because the Governor has requested that he disregard the rule of law.”
The filing seeks injunctive relief against the governor’s religious exemption executive order and asks Judge Ballard to order the action “unlawful and invalid.” It further asks the Court to order Respondents comply with current state law regarding immunization standards.
“Governors do not rule by decree,” ACLU-WV Legal Director Aubrey Sparks said in a press release accompanying the lawsuit. “At the center of this lawsuit is who gets to make these decisions for our students. On this question, the state Constitution is clear that the authority lies with the Legislature, not the governor.”
West Virginia is among just a handful of states that do not allow any non-medical exemptions for school immunization requirements. It joins California, Connecticut, Maine and New York. 28 other states allow for religious exemptions, while a further 13 also allow for personal objections.
Students attending public, private or parochial school must be immunized against chickenpox, diphtheria, hepatitis-b, measles, meningitis, mumps, polio, rubella, tetanus and whooping cough, unless they receive a medical exemption per W.Va. Code §16-3-4.
The lawsuit comes after months of back-and-forth regarding the state’s vaccine policy.
On January 14, Gov. Patrick Morrisey issued an executive order allowing parents to seek vaccine exemptions based on religious objections, citing the state and U.S. constitutions protections for the “free exercise” of religion. The order further instructed the Bureau for Public Health to establish a process for parents to apply for the exemptions.
During the 2025 legislative session, lawmakers attempted to pass legislation to allow for religious and philosophical exemptions, but the bill was rejected by the House of Delegates.
Earlier this month, Michelle Blatt, the State Superintendent of Schools, issued guidance to the state’s schools advising them not to permit any non-medical exemptions citing state law. “We are faced with the fact that state law has not been changed by the Legislature and there is no religious exemption provided for in West Virginia law,” Blatt said in her May 2 email to schools.
Hours later, Blatt rescinded her memo “at the Governor’s request” and said the Department of Education was “working collaboratively” with the Morrisey administration on how to move forward on the executive order.
“The Governor’s office has informed me that the West Virginia Department of Health will continue to review and grant religious exemptions to compulsory school vaccine requirements,” Blatt wrote. “Counties should honor those exemption requests that have been duly granted.”
On May 13, the Ohio County Board of Education said it would hire an attorney to investigate who has the authority to decide school vaccination policy.
“Our goal, and I hope the rest of the state follows, is to understand that the issue is not if a single board member is or is not in favor of vaccinations. But it is trying to [do] their duties as a county board of education member appropriately by following West Virginia laws,” Board President David Croft said.