Republicans in the House and Senate are expected to introduce legislation that would provide exemptions for West Virginia’s strict school immunization laws. (Pedro Vilela | Getty Images)
Republican lawmakers say they’ll again introduce exemptions to the state’s strict school vaccine laws. They expect the measures to face an easier pathway next year due to the Legislature’s changing makeup and a new governor.
Republicans in the House and Senate will introduce a bill that would give families use of a religious exemption for vaccinations, according to lawmakers. A separate expected measure would allow private schools to bypass the state’s strict immunization laws.
The House last year passed a measure that would have given private schools autonomy over their vaccine policies. Gov. Jim Justice, a Republican, vetoed the bill, citing concerns about “crippling childhood immunity” in his decision.
Del. Chris Phillips, R-Barbour, says he expects similar or even more sweeping vaccination exemption legislation to pass the Republican-heavy House in 2025.
“Mandatory vaccinations in a place with compulsory schooling is a very significant hurdle for people who are concerned about personal liberty,” he said.
He co-sponsored the vaccination exemption bill earlier this year.
“We were able to get that out of the House fairly easily, and I suspect that would be the case this year,” Philips said. “Some people who fought so hard to veto that may regret that decision when a wider piece of legislation goes through.”
The Senate will lose one of its most out-spoken vaccine advocates, Sen. Mike Maroney, R-Marshall, a physician who is not returning. Sen. Tom Takubo, R-Kanawha, is a doctor and vice-chair of the Senate Health Committee, which narrowed the vaccine exemption bill to apply only to private schools; he is now a top contender to be the next Senate president. Takubo did not return a request for comment for this story.
Sen. Mike Oliverio, R-Monongalia, said that, should Takubo be Senate president, he expects a vaccination exemption bill to be considered.
“I know Sen. Takubo has made it clear if the majority of the caucus wants to do something, then he’s going to instruct the chair to put it on the agenda. We work in a process of democracy,” Oliverio said.
Dr. Lisa Costello, a pediatrician and assistant professor at WVU Medicine, has been an advocate for the state’s “nation-leading” immunization laws. She spoke out against this year’s vaccination exemption bill and plans to continue educating lawmakers on the importance of vaccines as one of the most cost-effective life-saving interventions.
Costello said she remains grateful — both as a parent and a pediatrician — that Justice vetoed this year’s vaccination exemption bill.
“I said it at that time, and I’ll say it again, that it’s important that we don’t become complacent and take for granted the strong immunization policy that we have here,” she said.
In April, a Monongalia County resident who had recently traveled internationally contracted measles — the state’s first reported case of the disease in 15 years. The county’s health officer credited the area’s high vaccination rate as the reason the highly-contagious disease did not spread to others.
Del. Anitra Hamilton, D-Monongalia, is a nurse who voted against this year’s vaccination exemption. She noted that physicians from West Virginia University and Marshall University spoke out against the bill.
“I believe we should follow that advice. I know I am, and I just hope that other legislators will do the same,” she said. “I will never be in support of that … It’s a public safety issue.”
Religious exemption measure expected, Morrisey supports it
All states require children attending school to be vaccinated for certain contagious diseases, including measles, mumps, whooping cough and polio. In West Virginia, students entering school for the first time must show proof of being vaccinated against diphtheria, pertussis, tetanus, polio, measles, mumps, rubella, varicella, and hepatitis B. The state allows only medical exemptions to the requirements.
“West Virginia is considered a leader in this area. … As a result, West Virginia, since 2017 has had over 95% childhood school entry immunization rates because of this strong policy,” Costello said. “It not only protects children in schools, it also protects our community, particularly those who are more vulnerable.”
West Virginia is one of only five states that does not allow religious or philosophical exemptions to those requirements.
Governor-elect Patrick Morrisey, a Republican, said during campaigning that he’d like a religious exemption to go into effect during his time in office.
“One of the strongest parts of our Constitution is the ability of families and citizens to freely practice the religion of their choice,” Morrisey said during the gubernatorial debate in October “So, West Virginia right now is an outlier with respect to that. It’s not recognizing, at minimum, a religious exception … I would make sure that that provision changes when I’m governor.”
Sen. Laura Wakim Chapman, R-Ohio, said she expected a religious exemption measure in the Senate and would sponsor one if necessary.
“There are genuine religious beliefs against vaccinations, and it’s not fair to deny a child [his or her] education because there are sincerely-held beliefs against vaccines,” she said, adding that she expected the measure to pass the Senate.
Chapman cited her area’s strong religious ties as well as the state’s support of anti-abortion politicians as reasons to support a religious exemption. “The way these vaccines are derived, they are from aborted fetal cells, so we are a pro-life state.”
A subset of vaccines are made using human fetal cells from the 1960s, according to Costello. The cells are replicated to develop vaccines that protect against illnesses like rubella, hepatitis A, and rabies, she said. Vaccines themselves do not contain fetal cells, she said.
“For me as a Catholic myself, I appreciate that religious leaders from the major religions, have evaluated the use of these cells in making vaccines and determined that not only is it not sinful to accept vaccines made in this manner,” Costello said, “but it is morally important for people who are able to get vaccinated do so to protect children, our neighbors, our communities, and vulnerable people such as those who are pregnant.”
Some Republicans joined Dems in voting against changing vaccine laws
In the House, Phillips said he’d again co-sponsor legislation similar to this year’s vaccination exemption bill.
“It’s a tough issue, and it’s personal for me and a lot of people,” he said. “I’m trying to be reasonable and look at everything from every side of it. ‘Big Pharma’ in the United States has such an incredible amount of influence.”
He continued, “As a legislator, we have a duty to do our due diligence and make our best informed choice. We also have a duty to represent the views of the people who put us there, and it’s pretty clear where that’s moved with compulsory vaccinations.”
House and Senate Democrats voted against this year’s vaccination exemption bill.
Hamilton, who serves on the House Health Committee, cited the state’s poor health outcomes as a reason to vote against the measure. “We are not a healthy state — that goes for adults as well as children. Any weakening of those laws is a disaster waiting to happen,” she said. “Sometimes it might take a generation or two for this to take effect.”
The number of Democrat lawmakers will decrease next year, but they could have some Republicans join them in opposition.
Oliverio was one of nine senators who voted against the vaccination exemption measure.
“I tend to think West Virginia is well served by its current policies, and when representing my district, the biggest concentration of healthcare workers of West Virginia, I’ve heard clearly from them that they want to keep the policy as is,” he said.
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