Story by MetroNews Statewide Correspondent Brad McElhinny
MARTINSBURG, W.Va. — A judge in Berkeley County expressed serious reluctance to conclude that West Virginia’s religious freedoms law directly affects compulsory school vaccinations.
Judge Michael Lorensen
Judge Michael Lorensen, at the conclusion of a three-hour hearing on Friday, declined to order a preliminary injunction to make school system officials honor religious exemptions sought by nine families for students. Lorensen scheduled a more detailed evidentiary hearing Nov. 12, but gave the families little hope that it will go their way.
His position marked yet another split in local courts.
Raleigh County Judge Michael Froble granted a preliminary injunction for parents in a high-profile case there, citing religious freedoms. Mineral County Judge Cody Pancake denied an injunction, concluding that West Virginia’s religious freedoms law does not directly apply to the vaccine requirements in code.
“It’s 1 to 1, as far as I’m concerned,” Judge Lorensen said of the court cases before outlining his own legal overview.
The parents in the Berkeley County case went to court to try to allow their children to use public school system resources like special needs programs and athletics without the required vaccines or boosters. They contended that being denied those educational resources represents a substantial loss — irreparable harm.
The question of whether the religious freedoms law affects the compulsory vaccination law has hit courtrooms and the political discourse around West Virginia.
Gov. Patrick Morrisey, who has ordered the Department of Health to process vaccine exemptions for religious or conscientious objector reasons, has said that “we must harmonize the two laws.”
Lorensen said that’s a step too far for a local judge.
“I would be changing the law to recognize an exception,” Lorensen said of the specific language of the school vaccination law.
He concluded, “I’m not here to change the law.”
Religious freedoms law vs school vaccination requirements
Morrisey’s administration has continued to stand behind an executive order issued during the governor’s first week in office. Morrisey described the basis as the “Equal Protection for Religion Act,” which went into law in 2023.
The policy lays out the ability of individuals who believe their religious rights have been violated to seek a claim in court. The law says no state action may burden an individual’s exercise of religion unless it’s essential to furthering a compelling governmental interest and is the least restrictive means of achieving that.
Earlier this year, Morrisey’s administration issued a directive for families wanting to pursue a religious exemption to send basic information to [email protected], which is monitored by the state Bureau for Public Health.
In turn, the state Board of Education voted to direct Superintendent Michele Blatt to issue guidance to the county school systems that they follow the current compulsory school vaccination law that does not permit religious exemptions for students.
That portion of state code requires West Virginia students entering school for the first time to show proof of immunization against diphtheria, pertussis, tetanus, polio, measles, mumps, rubella, varicella, and hepatitis B unless properly medically exempted. There’s no explicit mention of religious or philosophical exemptions.
“It’s been the law since 1931,” Lorensen said from the bench.
Fathers on the witness stand
Parents in the case took the witness stand to say they had heard the state would process religious or philosophical exemptions — but were surprised to learn during fall enrollment that the school system would not accept them.
Berkeley County school system representatives described multiple ways of trying to inform families about enrollment requirements, including social media and texting.
Two fathers who testified said they are not social media users and either were not signed up for the texts or had muted them. The fathers said they are not regular consumers of other ways of getting local news — through the newspaper, radio, television or online.
“I don’t do social media. I don’t keep up with local news. We don’t have a TV,” one of the fathers responded to a line of questioning about how the families could have been unaware that the school system was not accepting religious exemptions.
That father said his family moved to Berkeley County from Virginia in 2021 and that his daughter has gone to public school her whole life. The issue in this case would be boosters required for older students. The daughter is active in athletics and old enough to drive herself to school.
The father testified that he thought the proper route to seeking an exemption was to write a letter to the school. But he said on the first day of class this year, his daughter was sent home: “They just told her to leave.”
“It’s kind of shattered our family,” the father said.
Another father has been seeking a religious exemption for three children. The oldest is a homeschooled athlete seeking to participate in public school sports. The two younger students have been homeschooled but are growing old enough to need the kind of special assistance that public schools can provide.
This father said the family used to live in Loudoun County, Va., but moved to West Virginia because of its looser rules surrounding homeschooling. “We are refugees for freedom,” the father said.
The father said the oldest son is a talented athlete who would benefit from the competition and exposure of participating in public school teams. West Virginia has a law allowing homeschool students to participate in public school sports that way, and the family found it appealing.
The father indicated the oldest son received vaccines when he was younger but would need boosters to participate in public school sports. The family became concerned about vaccines within the past few years, the father said.
“Our eyes woke up a couple of years ago,” the father said. “We do not feel right about putting this stuff in our children’s bodies.”
The original filing in Berkeley County maintains that “each of the named Plaintiffs have chosen, after significant spiritual reflection, to forgo some or all of the vaccines on the CVL as being contrary to religious guidance they have received from the Holy Spirit.”
Reaction after the ruling
Christian Riddell
After the hearing, in the parking lot outside the courthouse, the attorney for the families said they were deeply disappointed.
“The plaintiffs are devastated at the court’s ruling,” said Christian Riddell, a Martinsburg attorney. “We are hopeful that ultimately we will prevail after the facts have been heard, but not getting our preliminary injunction was a big blow.
“That’s additional months of these children not being able to participate in public education, not being able to play sports, not being able to be with their friends. They’re losing a lot, and so we’re going to take all possible measures to obtain relief on their behalf in every court that will hear us.”
Riddell said his clients will participate in the November judiciary hearing set by the Berkeley County judge while also pursuing an appeals court review.
Ryan Saxe
Also speaking after the hearing, Berkeley County Schools Superintendent Ryan Saxe said this case illustrates the challenges of balancing the needs of a range of families in the school system.
“We as a public school district respect the rights and decisions that our families are making for our students,” Saxe said. “However, as a public school district it’s really important that we follow the guidance and the regulations set forth by the West Virginia Department of Education as well as what’s in state code.
“We recognize that the department’s guidance and what’s in state code is in contradiction with the governor’s executive orders, and so we are allowing the courts to make a final decision as to what is appropriate to these two conflicting sides.”
