West Virginia Governor backs mother suing Board of Education over vaccine exemptions

Video of previous coverage.

BECKLEY, W.Va. (WOWK) – West Virginia Governor Patrick Morrisey says he is backing a mother suing the West Virginia State Board of Education.

According to the governor’s office, a Raleigh County mother filed a lawsuit against the WVBOE and the Raleigh County BOE to seek a religious exemption from mandatory vaccinations. The governor says the woman’s request for the exemption is due to her “faith-based objections to the use of fetal cells to develop vaccines.”

Morrisey says the mother and her 4-year-old child had been given an exemption under his executive order signed earlier this year to enforce the Religious Freedom Restoration Act of 2023, but the Raleigh County BOE has since denied that exemption.

Despite Morrisey’s executive order, earlier this month, the WVBOE voted to overrule the order and continue following the state law regarding mandatory vaccines. The WVBOE was able to do so because, under current law, the BOE does not report to the governor.

They released the following statement at the time.

“The WVBE directed the State Superintendent of Schools to notify all school districts to follow the law that has been in effect since 1937. This is in line with the Action of the West Virginia Legislature during the 2025 Regular Session, which did not vote in favor of religious exemptions for vaccines,” the WVBOE said.

In announcing his support for Guzman’s lawsuit, Morrisey said his administration would respect the Religious Freedom Restoration Act of 2023. The governor says he believes that when interpreting the law alongside West Virginia’s current vaccine policy, religious liberties should be upheld. He also asked the schools to honor religious exemptions.

“As Governor, I will always defend the religious liberty of West Virginians, and I won’t allow unelected bureaucrats at the State Board of Education to stand in the way,” said Morrisey. “Religious liberty is already enshrined in West Virginia law – and we are going to enforce that law.”

In response to the lawsuit, the WVBOE released a statement reiterating its decision to comply with the current state law in West Virginia State Code §16-3-4.

“The intent of the State Board is to do what is best for the 241,000 children, 23,000 educators, and 15,000 service personnel in our 629 public schools. This includes taking the important steps of protecting the school community from the real risk of exposure to litigation that could result from not following vaccination laws,” the WVBOE said in part. “This Board is constitutionally bound to provide a thorough and efficient system of free schools, and our members remain committed to this charge.”

This is a developing story.