CHARLESTON, W.Va. – The American Civil Liberties Union of West Virginia (ACLU-WV) and Mountain State Justice (MSJ) have filed a lawsuit on behalf of two parents asking a court to stop state education officials from enforcing Gov. Patrick Morrisey’s executive order on vaccine exemptions.
The state Legislature rejected a bill during the 2025 session that would have granted broad philosophical exemptions to the state’s vaccine requirements for attending school, leaving in place the state’s longstanding policy of requiring students to be vaccinated for chickenpox, hepatitis-b, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough.
Earlier this month, Morrisey directed the state Superintendent of Schools to rescind a policy memo stating that philosophical exemptions would not be granted for the 2025-2026 school year, saying that the executive order he signed on his second day in office grants those exemptions.
“Governors do not rule by decree,” ACLU-WV Legal Director Aubrey Sparks said. “At the center of this lawsuit is who gets to make these decisions for our students. On this question, the state Constitution is clear that the authority lies with the Legislature, not the governor.”
The lawsuit was brought on behalf of two West Virginia parents, Dr. Joshua Hess in Cabell County, and Marisa Jackson in Kanawha County.
Jackson, who is the parent of a child who is particularly susceptible to illness, successfully advocated in the Legislature against the addition of non-medical exemptions to West Virginia’s compulsory immunization law, which the government is now disregarding.
Hess is also the parent of an immunocompromised child, and is a pediatric hematologist and oncologist practicing at Marshall Health’s Cabell Huntington Hospital. He provides regular care to immunocompromised children, who, along with his child, are significantly and directly impacted by negative health consequences arising from any loosening or weakening of community immunization standards.
“Parents should be able to know their child will be safe when they send them off to school,” said Sarah Brown, MSJ Executive Director. “We are seeing the devastating effects of loosening vaccine requirements across the country, and that’s why the Legislature wisely declined to loosen the restrictions here in West Virginia. It’s vital that their decision not be undermined by the executive branch.
The lawsuit was filed in Kanawha County Circuit Court on Friday, May 23, 2025 and assigned to Judge Kenneth Ballard. The petition for mandamus can be read here.