West Virginia Supreme Court to hear arguments in school vaccine case

The West Virginia Supreme of Appeals will hear oral arguments in a court case that may decide the future of the state’s school strict vaccine requirements.

In an order entered Monday, justices say they will set a date to hear the state school board’s appeal of Raleigh County Circuit Judge Michael Froble’s November 2025 ruling prohibiting schools from enforcing the school vaccination requirements on those seeking a religious or philosophical exemption

States generally require that public and private school students be vaccinated for a number of infectious diseases, including polio, measles and chickenpox. West Virginia has been one of only five that do not allow religious or philosophical exceptions to those requirements. Last year, Gov. Patrick Morrisey established religious exemptions by executive order. He has not rescinded the order despite lawmakers in 2025 voting down a bill that would have inscribed them in law. 

Froble’s ruling is on hold as the Supreme Court prepares to consider the case. 

The case was filed by Raleigh County parents Carley Hunter and Miranda Guzman against the Raleigh and West Virginia boards of education, over the school leaders’ refusal to allow their children to attend with a religious exemption. 

Each side will have 20 minutes to present their arguments, unless the court specifies otherwise. Attorneys representing Morrisey will be given five minutes of the respondents’ 20 minutes to participate in the oral arguments, the order says. 

The clerk of the court will notify counsel in the case of the date of oral arguments, the order says.