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A review by the state’s highest court marks the latest step forward in the battle over which injections are required for school attendance in West Virginia.
Thursday the West Virginia Board of Education and other petitioners submitted a formal brief to the Supreme Court of Appeals of West Virginia.
The court agreed last December to review an order from the Raleigh County Circuit Court in response to a petition from the board.
In November Raleigh County Judge Michael Froble granted a permanent injunction against the West Virginia Board of Education in Miranda Guzman v. State Department of Education. Froble wrote in a published order that the Equal Protection for Religion Act (EPRA) applies to the state’s vaccine requirements and required the board to accept religious and philosophical exemptions to the state’s compulsory vaccine law.
The court issued an order halting Froble’s order in December.
The brief asks the Supreme Court reverse the lower court, remand the case, and direct the lower court to enter an order denying the permanent injunction. Among its core positions, the board argues that Raleigh County Circuit Court incorrectly interpreted the Equal Protection for Religion Act (EPRA) to allow exemptions.
“The Vaccine Law contains no religious exemption, and the Circuit Court erred when it held that EPRA added one,” the brief argues. “EPRA’s notwithstanding clause does not amend all other laws; instead, it only displaces statutes in conflict with EPRA. The Vaccine Law does not conflict with EPRA, thus it is unaffected.”
The brief also says that the court improperly applied its order statewide when circuit courts are prohibited from issuing injunctive relief beyond their jurisdiction.
“West Virginia Code § 53-5-3 prohibits circuit courts from issuing injunctive relief beyond their circuit,” the brief argues. “Additionally, West Virginia Rule of Civil Procedure 23(a) factors are not satisfied in EPRA cases, where claims require an individualized analysis that defeats commonality and typicality.”
Now that the petitioner’s brief has been filed, court procedure and a scheduling order dictate that respondents (Miranda G, et al) have 45 days to file a respondent’s brief, and then the petitioners will have 20 days to file a response brief to that by June 1, 2026.
After waiting four months for action in the case, some confused the court’s announcement of the brief’s filing with an opinion or order from the justices. In a clarifying email Saturday Jared Hunt, communications director for the Supreme Court, said the case will not be considered until all the briefs and arguments are made by both parties as laid out above.
“Reports circulating that indicate the Supreme Court has issued a decision in this case are incorrect and unfortunately quote the attached WVBOE brief as a Supreme Court ruling,” Hunt said. “Our typical practice at the Supreme Court is to let filings speak for themselves. However, if you ever have any questions about a filing and need more context, you can reach out to me and I can help walk you through it.”
Gov. Patrick Morrisey issued an executive order in January 2025 granting religious and philosophical exemptions to the state school vaccination requirements.
Current state law says children must be vaccinated for chickenpox, hepatitis-b, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough before beginning school.
A bill seeking to modify those requirements did not pass the West Virginia Legislature last year, casting doubt on the legal basis for Morrisey’s executive order and religious exemptions.