State’s Highest Court Agrees To Hear Case On School Vaccine Requirement Exemptions

Thursday evening the West Virginia Supreme Court of Appeals issued a scheduling order in the case of West Virginia Board of Education, et al. v. Miranda G.

The scheduling order, which establishes deadlines for stages of a legal case and ensures timely progress of the proceedings, shows that both parties will have until mid-February to state their cases in writing to the court.

Miranda Guzman sued the Raleigh County and state boards of education in June over school vaccine requirements, arguing they violate the state’s Religious Freedom Restoration Act. 

In July, Raleigh County Circuit Court Judge Michael Froble granted a temporary injunction in Guzman allowing the children of families suing the county to attend school without vaccinations while their case continues. The injunction does not extend to other counties in the state, although similar cases have since been filed in other counties.

Froble also denied a request by the West Virginia Board of Education – defendants in the Guzman case – to suspend the case pending their appeal to the state’s Supreme Court. He argued the higher court would benefit from the “full development” of the cases in circuit court.

The state Supreme Court’s order also refused previously filed motions for expedited review and a stay in the lower courts filed by the defendants. Judge Froble has scheduled a hearing for permanent injunction to begin Sept. 10.

Gov. Patrick Morrisey issued Executive Order 7-25 to allow religious and philosophical exemptions to the state’s school vaccination requirements as one of his first actions in office. A bill to add exemptions to state code failed to pass the state legislature this year, but Morrisey has maintained his executive order is valid.