FILE - Vials for the measles, mumps and rubella vaccine are displayed at a clinic in Lubbock, Texas, on Feb. 26, 2025. (AP Photo/Mary Conlon, File)

CHARLESTON — The West Virginia Supreme Court of Appeals set key deadlines in an appeal by state and local school officials of a preliminary injunction on behalf of three Raleigh County parents allowing for a religious vaccine exemption for their children, but don’t expect a resolution soon.

In a scheduling order released Thursday evening, the state Supreme Court announced that it had placed on its docket an appeal filed in August by the West Virginia Board of Education, State Superintendent of Schools Michele Blatt, and the Raleigh County Board of Education of a lower court decision in July granting Raleigh County parents Miranda Guzman, Amanda Tulley and Carley Hunter a preliminary injunction prohibiting school officials from enforcing the state’s compulsory immunization law.

However, the Supreme Court declined to grant a motion by state and Raleigh County educational officials seeking a stay of further proceedings for a permanent injunction scheduled by 14th Judicial Circuit Judge Michael Froble for Wednesday, Sept. 10, and Thursday, Sept. 11. The justices also denied a motion seeking an expedited review of the case.

While the motion for a stay was opposed by attorneys representing the Raleigh County parents, they later filed a motion to withdraw their opposition. The Supreme Court denied the motion to withdraw since they also denied the motion for a stay of lower court proceedings.

“On September 3, 2025, upon consideration and review, the Court is of the opinion to, and does refuse the motion for expedited consideration, and does refuse the motion for stay,” the order stated. “The Court is of the opinion to, and does refuse the motion to withdraw as moot.”

The court set a Dec. 12 deadline for attorneys for the education officials to perfect the appeal; a Jan. 26, 2026, deadline for attorneys for the parents to file a response; and a Feb. 16, 2026, deadline for school officials to file a reply. Oral arguments could be possible after the Feb. 16 deadline.

“Once the deadline for filing a reply brief has passed, the appeal will be mature for consideration by the Court pursuant to the Rules of Appellate Procedure,” according to the scheduling order.

Froble granted a preliminary injunction on July 24 blocking enforcement by the Raleigh County Board of Education — as directed by the West Virginia Board of Education — of the compulsory vaccination law due to those parents being granted religious exemptions by the state Department of Health. That lawsuit was filed in June and was supported by Gov. Patrick Morrisey, who appeared at a press conference with Guzman and her attorneys.

The lawsuit asked the court to issue a preliminary and permanent injunction to block implementation of the compulsory vaccine law without including a religious exemption as required by Morrisey’s Jan. 14 executive order. It also asked the court to declare that the compulsory vaccine law without a religious exemption violated the Equal Protection for Religion Act.

State code requires children attending school to show proof of immunization for diphtheria, pertussis, tetanus, polio, measles, mumps, rubella, varicella and hepatitis B unless proof of a medical exemption can be shown. A bill to allow for a religious exemption failed during the 2025 legislative session.

Froble’s preliminary injunction only allows the parents that are party to the lawsuit to continue to enroll their unvaccinated children in Raleigh County Schools for the school year beginning in August. The ruling does not apply to all 55 counties.

However, Froble’s decision could cause the state Board of Education and county school boards to be dragged into courtrooms if other parents also challenge the compulsory vaccination law. WV MetroNews reported Wednesday that similar county-level lawsuits have been filed in Gilmer and Berkeley counties.