Even though the West Virginia House of Delegates voted down a bill that would have formally recognized religious exemptions for school vaccine mandates, Gov. Patrick Morrisey’s executive order allowing such exemptions remains in force.
On Tuesday, the West Virginia Bureau for Public Health reaffirmed its commitment to following Morrisey’s directive, which grants religious exemptions to school vaccination requirements.
“The House’s decision on Senate Bill 460 does not change Gov. Morrisey’s executive order,” said Gailyn M. Markham, deputy director of communications for the Office of Shared Administration. “The Department of Health will continue to comply with the order.”
Since Morrisey issued the executive order on Jan. 14, some families in Wood County Schools have received confirmation from the Bureau for Public Health that no legal action would be taken if their child remains unvaccinated due to religious objections, according to Julie Bertram, the district’s health services coordinator. Families receive a letter from the bureau acknowledging their exemption status, and school nurses then inform them that their child may attend school.
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However, Bertram expressed concerns about the legal weight of these letters, particularly after the legislative rejection of SB 460. She noted that the state Department of Education has not issued updated guidance to school nurses regarding how to handle vaccine exemptions moving forward.
The House voted against SB 460 on Monday, rejecting it by a 42-56 margin. The bill would have allowed parents to submit a written statement citing religious objections to vaccination in order to exempt their child from the state’s immunization requirements. Additionally, the bill would have permitted private and religious schools to establish their own vaccination policies and streamlined the process for medical exemptions by allowing a physician to approve them without state oversight.
Before Morrisey’s executive order, West Virginia was one of only five states in the U.S. that limited vaccine exemptions strictly to medical reasons. Following Monday’s vote, Democratic lawmakers urged the governor to rescind his order, but his office remains firm in its stance.
“The executive order remains in effect,” a spokesperson for Morrisey confirmed.
With three weeks left in the legislative session, Bertram believes lawmakers could revisit the issue, but she doubts any changes will be made. “I think legislators have heard from their communities and have taken public opinion into account,” she said. “It seems clear that the majority of West Virginians do not support this exemption.”
For now, the executive order continues to provide a pathway for families seeking religious exemptions, while lawmakers, health officials, and educators await further developments on the issue.