Charleston, WV - On May 14, 2025, the West Virginia Democratic Party called on the State Board of Education to stand strong for the rule of law and the health of West Virginia’s children by rejecting Governor Patrick Morrisey’s Executive Order No. 7-25, which seeks to create a so-called religious exemption to West Virginia’s long-established public school immunization requirements.

Delegates Mike Pushkin and Hollis Lewis attended the State Board of Education public hearing today, at which they delivered letters urging members to reject the Governor’s unlawful attempt to override West Virginia Code §16-3-4, which has required immunizations for public school attendance since 1937. Both letters are attached to this release.

“For nearly a century, West Virginia has maintained one of the strongest and most effective school immunization policies in the nation,” said West Virginia Democratic Party Chair Mike Pushkin. “That policy has saved lives, protected communities, and prevented the spread of deadly disease. The Governor is now threatening that legacy-not through the legislative process, but by unilateral executive order.”

During the 2025 legislative session, Senate Bill 460, which would have codified Governor Morrisey’s exemption into law, was introduced and overwhelmingly rejected. “The Legislature considered the Governor’s proposal and said ‘no.’ That should have settled it,” Pushkin added. “Instead, Governor Morrisey is attempting an unconstitutional end-run around the people’s elected representatives-and he’s doing it at the expense of our children’s health.”

Both Delegate Pushkin underscored that current law already allows for legitimate medical exemptions, as determined by qualified health professionals. The Governor’s attempt to create a religious exemption is not about faith-it’s about politics.

In his letter, Delegate Lewis raised significant constitutional concerns with the Executive Order, noting that it:

• Conflicts with state law enacted by the Legislature;
• Oversteps the constitutional authority of the executive branch;
• Undermines local control by school boards; and
• Jeopardizes public health by weakening scientifically sound protections against communicable diseases.

Lewis added, “I respectfully urge our state’s school boards to maintain adherence to the immunization requirements as established in state law, not only as a matter of procedural correctness, but, and most importantly, because it protects the health and safety of West Virginia’s children, families, and communities.”

The West Virginia Democratic Party also cited the U.S. Supreme Court’s landmark ruling in Prince v. Massachusetts, which held that “the right to practice religion freely does not include liberty to expose the community or the child to communicable disease or the latter to ill health or death.”

“Our laws are clear. Our courts are clear. And our public health professionals are clear,” Pushkin said. “This executive order is not only dangerous, it is illegal, and it puts our children, teachers, and school personnel at risk.”

The West Virginia Democratic Party is urging the State Board of Education to follow the law, reject Executive Order No. 7-25, and reaffirm the state’s proud commitment to science-based, life-saving public health policy.

“West Virginians deserve leadership that respects the law, values public health, and puts children over politics,” said Pushkin. “We call on the State Board of Education to show that leadership now.”