Kanawha County judge dismisses religious vaccine exemption case as class action order comes out
A West Virginia judge dismissed a case seeking a religious vaccine exemption, while a separate case was certified as a class action lawsuit.Summary
Kanawha County Circuit Judge Richard Lindsay dismissed a case brought by a parent, Nakesha Watson, seeking a religious exemption to the state’s compulsory vaccination law for her child. The judge ruled that the plaintiff was unlikely to succeed, citing previous court decisions upholding the vaccine law and emphasizing the public interest in maintaining a healthy and safe school environment. This decision follows similar rulings in other counties, though a Raleigh County judge previously granted a preliminary injunction in a related case.
Furthermore, the Raleigh County case, led by Miranda Guzman, has been certified as a class action lawsuit, encompassing over 570 individuals who have received religious exemptions. The lawsuit will address key legal questions regarding the application of the 2023 Equal Protection for Religion Act (EPRA) to the compulsory vaccine law and whether excluding students for non-vaccination infringes upon their religious beliefs. However, individuals with final judgements in other counties or pending cases can only join the class action by withdrawing their existing claims.
The judge underscored the separation of powers, stating that the legislature, not the governor through executive order, has the authority to amend the compulsory vaccine law. The ruling reinforces the state’s long-standing requirement for vaccinations against various diseases, with medical exemptions being the only currently recognized exception.
(Source：News and Sentinel)