Pacific Justice Institute Files Amicus Brief Defending Religious Exemptions to School Vaccine Mandates in West Virginia

Case before West Virginia's highest court could shape the future of religious liberty and parental rights statewide

CHARLESTON, W.Va. - Pacific Justice Institute (PJI) has filed an amicus brief before the Supreme Court of Appeals of West Virginia in support of parents seeking religious exemptions from mandatory school vaccination requirements.

The class action lawsuit, West Virginia Board of Education, et al. v. Miranda G. and Carley H.,

No. 25-836, arises from a dispute over whether families may obtain religious exemptions to West Virginia's school vaccination requirements under the state's Equal Protection for Religion Act (EPRA), a law modeled in part on the federal Religious Freedom Restoration Act (RFRA).

West Virginia is among a small number of states that historically have not recognized religious exemptions to school vaccine mandates. In January 2025, Gov. Patrick Morrisey issued an executive order allowing parents to obtain religious exemptions. Later that year, the West Virginia Board of Education voted to direct county school districts not to honor exemptions granted under the executive order, prompting litigation from affected families.

A trial court subsequently granted an injunction protecting parents seeking religious exemptions. That ruling was later stayed pending appeal, placing the issue before West Virginia's highest court. The outcome could affect families across the state and establish the first major judicial interpretation of the Equal Protection for Religion Act.

PJI's amicus brief examines the history of religious accommodations in American law, relevant federal precedent interpreting RFRA, and the unique protections provided under West Virginia's Equal Protection for Religion Act. The brief argues that EPRA provides protections beyond those found in the federal Religious Freedom Restoration Act and establishes multiple tests for evaluating government action. According to the brief, the West Virginia Board of Education's refusal to recognize religious exemptions fails those standards and unlawfully burdens the religious exercise of affected families.

Brad Dacus, founder and president of Pacific Justice Institute, emphasized the significance of the case:

"Parents should not be forced to choose between their children's education and their sincerely held religious beliefs. Religious liberty is one of the cornerstones of our constitutional system, and laws enacted to protect religious exercise must be given meaningful effect. This case presents an important opportunity to reaffirm those protections for families across West

Virginia."

Gretchen Morrison, PJI's West Virginia attorney and counsel of record for the amicus brief, added:

"The Equal Protection for Religion Act was enacted to provide robust protections for religious exercise. This case will likely become the leading precedent interpreting that law, and the court's decision could have lasting implications for religious liberty and parental rights throughout West Virginia."

Because the case presents the first significant opportunity for the state's highest court to interpret the EPRA, legal observers are closely watching the proceedings. The decision could influence future disputes involving religious accommodations and the rights of parents to direct the upbringing and education of their children.

Pacific Justice Institute continues to defend religious liberty, parental rights, and constitutional freedoms across the nation.

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