West Virginia Allows Parents to Opt-Out Their Kids from Vaccines on Religious Grounds

In November of 2025, various sources revealed that a West Virginia judge had given parents the right to cite religion to opt-out their children from vaccines. This could be considered a victory for religious individuals in the United States, and it occurs after a long string of similar vaccine-related decisions by major courts in the country. However, it stands at odds with other recent education-related decisions that have gone against religious individuals. 

Schools No Longer Allowed to Block Unvaccinated Children From Attending School

The West Virginia Department of Education proudly states that the state has some of the “most effective school-entry vaccine preventable laws in the nation.” It also states that these laws improve attendance rates, although the laws can theoretically stop children from attending classes altogether. 

If parents dig a little deeper, they will find that their K-12 students must show proof of vaccination for a wide range of diseases. These include diphtheria, pertussis, tetanus, polio, measles, mumps, rubella, varicella, and hepatitis B. There are additional vaccine requirements for students in 7th and 12th grades. These students must show vaccination for meningococcal/meningitis. 

Buried in the fine print is a statement that allows unvaccinated students to attend school if they are “medically exempt.” As of this writing, the official documents do not say that religious exemptions also apply. 

However, these documents will seemingly need to be updated by the Department of Education. In November of 2025, Raleigh County Circuit Judge Michael Forbes granted a permanent injunction against schools that seek to block unvaccinated, religious children from attending classes. 

A Blanket Vaccination Opt-Out for All Parents of School-aged Children

All public schools in the state must now accept religious exemptions for the vaccine requirements. A similar lawsuit in Kanawha County resulted in a failure for the parents and a victory for the School Board. 

Furthermore, parents who have a “philosophical objection” to vaccines can also opt their children out, even if they are not religious. This effectively gives any parent the right to opt out of vaccine requirements simply because they do not agree with the overall policy. 

This development comes after Governor Patrick Morrisey issued an executive order that requires the Department of Health to allow religious exemptions. This executive order is connected with 2023’s Equal Protection for Religion Act, and Judge Forbes specifically mentioned this act when granting the injunction. Specifically, he decided that blocking unvaccinated students from attending school represented a violation of the act. 

Diverging Opinions on Vaccination

The main objection to vaccines for religious groups is the fact that some of these vaccines were developed using aborted fetal cells from decades ago, even though no current vaccines contain any fetal tissue. However, since many Christian faiths do not believe in abortion, any vaccine that has even a tangential relationship to an abortion would be considered suspect. On the other hand, some have pointed out that no Christian sects have explicitly denounced vaccinations, and even the Vatican is onboard with vaccinations.

At the end of the day, this court case shows that courts are willing to acquiesce to the authority of parents when it comes to decisions that affect their children. If a parent does not believe in vaccines, they should not have to explain why or point to a specific religious text that backs up their stance. One might argue that Americans should have the freedom to believe whatever they want. They should also be free from discrimination based on those beliefs. Those on the other side who believe in vaccination requirements would argue it is not just a matter of personal belief when an unvaccinated child may affect the health and well being of other children they attend school with who are medically unable to get a vaccine.

The Goal of the Universal Life Church’s Blog

Each month, various lawsuits test the nature of religious rights in this country. While the basis for many religious rights is the United States Constitution, there are still countless cases that question the exact nature of these rights. The Universal Life Church’s blog is focused on documenting the most noteworthy of these cases in an objective manner that can be easily understood by readers.