Appeals Court Upholds West Virginia Vaccine Mandate, Rejects Religious Exemption for Online School

West Virginia can enforce its school vaccination law without offering religious exemptions, a federal appeals court ruled Wednesday. The ruling overturned a lower court decision that had temporarily allowed a child who had not received all the state-mandated vaccines to remain enrolled in an online public school.

In a 2-1 decision, the U.S. Court of Appeals for the 4th Circuit found that the state’s requirement that students be vaccinated against a range of infectious diseases does not violate the First Amendment’s protection of religious freedom.

Anthony and Krystle Perry brought the case on behalf of their daughter, who was enrolled in West Virginia Virtual Academy, an online public school, but was later disenrolled after school officials determined she was not fully vaccinated.

The parents, who argued that vaccinating their child conflicted with their Christian beliefs, sought a religious exemption, which West Virginia law does not provide.