When Marisa Jackson drops off her 10-year-old son Maxwell at elementary school in St. Albans, West Virginia, she feels a new level of anxiety.
Maxwell has FOXG1 syndrome, a rare genetic disorder that leaves him unable to speak and dependent on a wheelchair and feeding tube. While he’s fully vaccinated, his condition makes him especially vulnerable to serious illness if a contagious disease spreads at school.
Until recently, Jackson found reassurance in West Virginia’s strict vaccination laws — some of the tightest in the country — which allowed only medical exemptions for schoolchildren. That changed in January, when Republican Gov. Patrick Morrisey signed an executive order granting families the right to claim religious or philosophical exemptions. The move, backed by state Health Secretary Robert F. Kennedy Jr., ignited a wave of lawsuits and left parents like Jackson deeply concerned.
A State Once Known for Strong Protections
For decades, West Virginia stood apart as one of only five states with no religious or philosophical exemptions. Public health experts credited this policy with keeping vaccination rates high and preventing outbreaks of diseases like measles and whooping cough.
But since Morrisey’s order, the state health department has already approved at least 463 nonmedical exemptions for the 2025–26 school year. By comparison, just 2% of kindergartners — about 300 children — weren’t fully immunized in 2023. If upheld in court, the new policy could make West Virginia one of the most permissive states in the nation.
Families and Schools in Legal Limbo
In May, Jackson and a pediatric cancer doctor sued the state, arguing that the governor’s order puts medically fragile children like Maxwell at risk. Soon after, three mothers who support the exemptions filed their own lawsuit against the state Board of Education, which had initially refused to enforce the order. A judge temporarily allowed their unvaccinated children to attend school, but the matter is now tied up in appeals.
“This opens the door for virtually anyone to skip vaccines, regardless of the impact on the community,” said Aubrey Sparks, legal director of the ACLU of West Virginia, who represents Jackson.
The legal fight has become a flashpoint in the national debate over vaccines, echoing clashes in states like New York and Florida, where lawmakers and courts are rethinking childhood immunization rules.
Rising Exemptions, Falling Vaccination Rates
The West Virginia dispute comes amid a national trend: fewer children are getting vaccinated. A recent analysis by NBC News and Stanford University found that 77% of U.S. counties have seen a decline in vaccination rates since 2019. More than half of counties have reported exemption rates more than doubling in the past decade.
Public opinion reflects this divide. While polls show that a majority of Americans still support requiring vaccinations for schoolchildren, confidence in vaccines overall has waned — especially among Republicans since the pandemic.
A Parent’s Fear
For Jackson, the issue is not political. It’s about keeping her son safe.
“If an outbreak happens, even a cough could put Maxwell in the hospital,” she said. “That’s the point where public school would no longer be safe for him.”
Doctors echo her concern, warning that easing mandates risks the return of illnesses many Americans barely remember. “Vaccines are specifically important here because access to health care is so limited,” said Dr. Jeffrey Lancaster, a pediatrician at West Virginia University.
What Comes Next
The state Supreme Court is expected to weigh in early next year. Meanwhile, the federal Department of Health and Human Services has reminded West Virginia that in order to receive federal vaccine funding, it must comply with religious exemption laws — adding another layer of complexity to the fight.
For families like the Jacksons, the legal outcome could determine whether public school remains a safe option. “Maxwell deserves to learn and play alongside other kids,” his mother said. “But he also deserves to be protected.”
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