A federal appeals court has upheld West Virginia’s school vaccination law without offering religious exemptions. According to The Defender, the U.S. Court of Appeals for the 4th Circuit overturned a lower court decision that had “temporarily allowed a child who had not received all the state-mandated vaccines to remain enrolled in an online public school.” The court ruled in a 2-1 decision that the “state’s requirement that students be vaccinated against a range of infectious diseases does not violate the First Amendment’s protection of religious freedom,” the outlet stated. Appeals court upholds West Virginia vaccine mandate, denies religious exemption pic.twitter.com/saLX1G7Gvz — Sharyl Attkisson (@SharylAttkisson) April 13, 2026 More from The Defender: Anthony and Krystle Perry brought the case on behalf of their daughter, who was enrolled in West Virginia Virtual Academy, an online public school, but was later disenrolled after school officials determined she was not fully vaccinated. The parents, who argued that vaccinating their child conflicted with their Christian beliefs, sought a religious exemption, which West Virginia law does not provide. West Virginia is one of only five states that prohibit religious exemptions for school vaccine mandates. A lower federal court that had previously sided with the family issued a preliminary injunction, which allowed the child to return to school while the case proceeded. The appeals court reversed that decision, ruling that the parents are unlikely to succeed on their constitutional claim. Experts who spoke with The Defender said the court’s decision was out of step with the evolving legal framework on religious exemptions to vaccine mandates. They said the majority decision disregarded key recent U.S. Supreme Court (SCOTUS) decisions holding that denials of religious exemption claims must be subject to “strict scrutiny.” “Rights, as important as they are, do not swing free and clear of the larger social Compact,” Judge J. Harvie Wilkinson wrote in the majority opinion, according to West Virginia Watch. “We live in a society that accords its citizens enormous benefits. In return, states can, in a measured way, require certain exactions and accommodations to the broader social interest,” the judge continued. “(West Virginia’s vaccination law) is a legitimate exercise of the state’s power to protect the health and well-being of school children,” the judge stated. “Striking the law down would undermine not just our system of dual sovereignty, but also a long line of Supreme Court precedent,” the judge added. WOW: West Virginia can enforce its school vaccination law without offering religious exemptions, a federal appeals court ruled Wednesday. West Virginia is one of only five states that prohibit religious exemptions for school vaccine mandates.https://t.co/POEtfBbbeY — Children’s Health Defense (@ChildrensHD) April 11, 2026 West Virginia Watch explained further: State law allows only medical exemptions to the vaccine requirements. According to court documents, the Perrys’ daughter had been enrolled in a virtual school for 16 months when a school official contacted Krystle Perry about the daughter’s vaccination status. When the mother confirmed the child was not fully vaccinated, the girl was disenrolled from the school. The mother sought a religious exemption, but school officials told her they were not available. Reached Wednesday afternoon, Upshur County Superintendent Christy Miller said, “We’re happy that that (the preliminary injunction] was overturned and that we are going to be able to continue moving forward enforcing the statute as it has been written.” An attorney for the plaintiffs in the case did not respond to an email seeking comment. The lawsuit was filed in 2024, before Gov. Patrick Morrisey issued an executive order directing the state health officer to come up with religious exemptions to the state’s school vaccination requirements. Morrisey’s executive order is based on the state’s 2023 Equal Protection for Religion Act. It’s unclear what, if any, bearing the Fourth Circuit Court of Appeals’ ruling might have on the West Virginia Supreme Court’s consideration of a separate legal action concerning the state vaccination law. The West Virginia Supreme Court is expected to issue a decision at some point in the case of West Virginia Board of Education v. Miranda Guzman. Guzman is suing the state and Raleigh County boards of education to have her child enrolled in a Raleigh County school with a religious exemption issued under the governor’s executive order.