Charleston, W.Va. (AP) – Two groups filed a lawsuit on Friday for the Western Virginia Republican Governor Patrick Morrisey Executive Order, giving religious exceptions to the necessary school vaccinations.
The Western Virginia Union of the American Civil Freedom Union and Mountain State Justice filed a lawsuit against the State Department of Health, its public health and agency leaders on behalf of two parents in Kanawha District Court.
The exception to the vaccine was among several executive orders that Morrisey issued on the first day of January.
“Governors do not set the decree,” Aubrey Sparks, Director of Law of Virginia, said in a statement. “The center of this action is one who makes these decisions to our students. On this issue, the Constitution of the State is clear that the government lies in the legislature, not the governor.”
The governor’s office and the Department of Health did not immediately respond to email. Email requests to comment on a claim on Friday.
Morrisey’s order encouraged school vaccination policy, which has long been proclaimed by medical experts as one of the most protective children in the country. State law requires children to receive vaccines against chicken pox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and cough before school. The state does not need to be vaccinated to the Covid-19.
The legislation, which would have allowed religious exceptions to vaccinate requirements, adopted the state Senate and rejected the Chamber of Delegates earlier this year.
The superintendent of public schools Michelle Blatt has published a memorandum to all 55 county superintendents on May 2, recommended by students to attend school 2025-26, and unnecessarily vaccinations. However, on the same day, Blatt canceled the memorandum at Morrisey’s request, on the basis of the claim.
Morrisey later issued a statement saying he did not intend to annul the executive order. He said parents could apply for religious exception from vaccinations through the office for public health.
The then Republican last year. Jim Justice vetoed less vaccination law, which was adopted by the Republican and Supermiorship Law Publisher, who would have dismissed a private school and some unconventional students of public schools from vaccination requirements.
Morrisey, who since 2013 Served as the Attorney General of Western Virginia to the position of Governor, argued that he believed that religious exceptions should already be allowed under the 2023 vaccination. The law adopted by the state legislator is called the protection of the Law on Uniform religion. The law states that the Government cannot “substantially complicate” someone’s constitutional right to religious freedom unless it can prove that there is a “persuasive interest” to restrict this right.
Morrisey said the law was not “fully and properly enforced” because he was gone.
The court’s claim was filed by dr. Joshua Hess from Cabell County and Marisa Jackson from Kanawha County. It states that Hess has a child who is immunized, and that Jackson has a child who is more sensitive to illness due to reduced community use.
Together with Mississippi West Virginia is the US state with the worst health results and the lowest life expectancy.
“Parents should know that their child will be safe when they send them to school,” said Sarah Brown, justice executive director of Mountain State. “We see the disastrous impact of vaccine requirements across the country. This is why the legislator wisely refused to free the restrictions here in Western Virginia. It is very important that their decision will not be damaged by executive.”