MARTINSBURG, W.Va. — Citing the concerns of a constituent, 97th District Delegate Chris Anders (R-Berkeley) is calling on the Berkeley County Board of Education to comply with Governor Morrisey’s executive order granting religious exemptions from vaccine mandates.
Anders, appearing Thursday on Panhandle LIve, talked about a ‘parental bill of rights’ recently passed by state lawmakers:
In his letter to the Berkeley County BOE, Anders hinted at legal action against the school board saying “we will pursue every legal option available to us. We are currently seeking legal counsel to file suit against the Berkeley County Board of Education for its refusal to comply with state mandates. Additionally, we will inform tens of thousands of voters in this county that their elected school board refuses to recognize parental rights and state law, and instead seeks to impose its will over the people it is meant to serve.”
Last month, the state Board of Education issued guidance to school systems that directed public schools to follow the state’s existing vaccine laws which do not have exemptions for religious or philosophical reasons.
97th District Delegate Chris Anders
In May, Governor Morrisey issued guidance to parents, students, and school officials advising that his executive order granting religious exemptions from vaccine mandates remains in place and it will not be rescinded.
“I am calling on the State Superintendent of Schools and the county boards of education in this state to work with the Bureau for Public Health to ensure that religious rights of students are protected,” said Governor Morrisey. “Students will not be denied access to public education because of their religious objections to compulsory vaccination.”
Governor Morrisey’s Executive Order 7-25 is based on the free exercise of religion guarantees of the United States and West Virginia Constitutions and the Equal Protection for Religion Act of 2023 (“EPRA”), which prohibits government action that substantially burdens a person’s exercise of religion. The EPRA applies equally to the state and “its political subdivisions” and according to the guidance from Morrisey’s office, “leav[es] no doubt about its primacy” over other conflicting state statutes. State and county officials are therefore bound to respect students’ exercise of religion when enforcing the state’s vaccine requirements.
Following is Delegate Anders’ letter to the Berkeley County Board of Education:
To the Members of the Berkeley County Board of Education,
I am writing to demand immediate compliance with state law and the Governor’s Executive Orders regarding religious and philosophical exemptions to mandatory vaccinations for students in Berkeley County.
Governor Patrick Morrisey has issued clear and unambiguous Executive Orders requiring that school districts across West Virginia recognize and honor both religious and philosophical exemptions to forced vaccination. These orders are not suggestions — they are legally binding directives issued by the highest executive authority in the state. The Governor has taken a firm stand for the rights of parents, in alignment with the recently enacted Parents’ Bill of Rights, and you are legally and ethically obligated to follow suit.
Let me be clear: neither unelected bureaucrats nor elected officials have the authority to override the natural, God-given rights of parents to make medical decisions for their children. West Virginia Code, along with the newly passed Parents’ Bill of Rights, affirms that parents — not the state — hold primary responsibility for the upbringing, education, and medical care of their children.
Your continued refusal to honor religious and philosophical exemptions is not only an act of lawlessness, it is a direct assault on liberty. You do not have the power to compel medical procedures under the color of government, especially when those procedures violate the deeply held convictions of West Virginia families.
If you persist in ignoring the law, the Governor’s executive orders, and the clear rights of parents, we will pursue every legal option available to us. We are currently seeking legal counsel to file suit against the Berkeley County Board of Education for its refusal to comply with state mandates. Additionally, we will inform tens of thousands of voters in this county that their elected school board refuses to recognize parental rights and state law, and instead seeks to impose its will over the people it is meant to serve.
You have a choice: comply with the law and stand with West Virginia families, or face the consequences — legal, political, and electoral — for trampling on the liberties of the very people who entrusted you with power.
We expect your immediate correction of this policy and a formal statement affirming your recognition of religious and philosophical exemptions in line with the Governor’s orders and West Virginia law.
