Raleigh judge delays ruling on exemptions for school vaccine laws in West Virginia

A Raleigh County judge is now delaying a ruling on a case deciding whether or not the state's religious freedom law requires exemptions to school vaccine laws. (WCHS)
RALEIGH COUNTY, W.Va. (WCHS) — A Raleigh County judge is now delaying a ruling on a case deciding whether or not the state's religious freedom law includes exemptions to school vaccine laws.
A ruling was expected Thursday, but now the case is scheduled for review near Thanksgiving.
Judge Michael Froble has already ruled from the bench that he'll expand the case that's seen him granting temporary injunction religious vaccine exemptions to a few children in Raleigh County to encompass a class action, but he hasn't defined exactly who makes up the class.
Nearly 600 students have requested religious exemptions.
The state school board opposes the exemptions amid concerns polio and measles will make a comeback. The governor favors the exemptions.
Acting state health officer Dr. Mark McDaniel seemed unfamiliar with the process, testifying he had no opinion regarding exemptions.
In closing arguments, the plaintiffs - who favor the religious, philosophical and conscientious exemptions - pointed out school janitors, coaches and bus drivers don’t have to be vaccinated.
School board lawyers pointed out expert testimony clearly indicated increased health risks.
As a bench ruling without a written finding of facts might increase the risk of reversal, the judge pushed a decision back to late November.
The issue is now moving through several other county courts is expected to reach the Supreme Court next year.








