photo by: W.Va. Legislative Photography

The West Virginia Supreme Court of Appeals chamber is seen at the Capitol in Charleston.

WHEELING — The debate over religious exemptions from West Virginia’s school vaccine requirements is headed to the state’s highest court.

The West Virginia Supreme Court of Appeals on Friday granted a motion for direct review of Raleigh County judge Michael Froble’s Nov. 26 order siding with parents seeking religious exemptions, bypassing the state’s Intermediate Court of Appeals. Froble ruled that West Virginia’s Equal Protection for Religion Act of 2023 gave Gov. Patrick Morrisey the authority to issue an executive order allowing such exemptions.

The Supreme Court issued a stay of that order last week pending resolution of an appeal.

In their motion filed Thursday, state education officials argued that an additional layer of appellate review would prolong uncertainty for West Virginia families and educators in a matter that is all but certain to end up before the Supreme Court anyway.

“A swift ruling clarifying this issue restores normalcy to the public school system and clarifies what, exactly, is required to attend public school in West Virginia,” the motion states. “This Court has already signaled the gravity of these issues by issuing a stay of the Order. Given these circumstances, ICA review would delay critical statewide clarification, whereas direct review will allow immediate, authoritative guidance.”

The education officials’ motion also argued that a swift ruling is needed because measles is “proliferating” in nearby states. It pointed out that pertussis, also known as whooping cough, has killed three children in neighboring Kentucky over the past year.

“Through it all, West Virginia’s Vaccine Law serves as a bulwark for public health, driving West Virginia to the highest kindergarten vaccination rate in the nation,” the motion states. “Whether EPRA allows parties … to opt out of the longstanding Vaccine Law is of paramount public importance to West Virginia’s population — especially its teachers and its children.”

Morrisey issued his executive order allowing for religious exemptions to compulsory vaccine law on Jan. 14 — his second day in office. An attempt to codify religious exemptions cleared the state Senate but failed in the House of Delegates during the Legislature’s regular session earlier this year.

The West Virginia Board of Education later issued guidance to county school districts telling them to comply with the state’s current vaccine laws. That guidance was rescinded after Froble issued his Nov. 26 order, but reinstated after the Supreme Court granted its stay last week.

A Supreme Court spokesman said Friday the next step will be for the court to issue a scheduling order, likely next week.