Some more state government potpourri
Last week, I wrote about the tendency of Gov. Patrick Morrisey to continue on as if he is still trying to win a GOP primary by taking certain actions and making certain statements aimed at keeping his base in his corner.
But I still don’t know who the base is that he keeps playing to on this issue of religious exemptions to West Virginia’s school-age immunization program required by State Code. I just went back to Morrisey’s website for his campaign for governor and I can’t find anything showing me he campaigned specifically on this issue.
While a bill to allow for religious and philosophical exemptions to the school-age vaccine program was introduced on behalf of Morrisey, by the time the bill was amended in the Senate, the House, and then died, Morrisey was quick to say the bill was no longer even his bill.
Senate Bill 460 passed the state Senate in a 20-12-2 vote on Feb. 21, but the House rejected the heavily amended bill in a 42-56-2 vote. The final version of SB 460 would have allowed for a religious exemption to vaccines for students attending public schools, with the parent/guardian submitting a written statement of the exemption to the school administrator or state-regulated child care center. It would have also allowed a private or parochial school to have its own religious exemption policy.
Despite the bill failing and the overwhelming numbers of people and groups who objected to weakening the state’s school-age vaccine program, Morrisey’s January executive order allowing for both religious and philosophical objections to school-age vaccines remains in effect. The ACLU-WV recently filed suit to block that executive order.
The West Virginia Board of Education voted unanimously in June to require State Superintendent of Schools Michele Blatt to issue guidance to county school systems to abide by State Code requirements for students attending public and private schools next year to have certain immunizations. But Morrisey is providing public support for a Raleigh County parent’s lawsuit to block county schools from following the state Department of Education’s guidance.
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Morrisey argues that his office is enforcing the Equal Protection for Religion Act passed by the Legislature in 2023. That law prohibits excessive government limitations on the exercise of religious faith.
Specifically, the law says that no state action may “Substantially burden a person’s exercise of religion unless applying the burden to that person’s exercise of religion in a particular situation is essential to further a compelling governmental interest; and is the least restrictive means of furthering that compelling governmental interest…”
Now, it should be pointed out there are plenty of U.S. Supreme Court precedents dating back to 1905 and as recently as 2022 that have said mandatory vaccine requirements are indeed a “compelling government interest.” While medical exemptions to vaccines are considered valid, personal beliefs regarding vaccines are not enough to get someone around a compulsory vaccine requirement.
I’m no lawyer, but it seems clear to me based on my reading of prior cases that the Raleigh County parent lawsuit has an uphill battle. I do think the Morrisey administration would be better off working on a religious exemption bill that can pass the Legislature. While 45 other states have some form of religious exemption for their vaccine programs, those exemptions require more than just a signed letter or statement.
But back to last week’s question: why is Morrisey continuing to act like he is in a GOP primary? Is it because he thinks he is in a GOP primary…for next year? Against a certain senior U.S. Senator up for her third term to the U.S. Senate? Someone who was just endorsed by President Donald Trump in May?
Is it because he’s wanting to keep a base in place should he get challenged in 2028 in a primary for governor by any number of people, including a junior U.S. Senator who previously served as governor and who may be getting tired of the Morrisey administration blaming him for things?
No doubt that Morrisey IS governing, and he should be applauded for being on the ground for our state’s recent natural disasters. But I say again: Morrisey won the election. He is the governor, and if he does the job and does it well for all West Virginians, the continuation of the primary campaign will not be necessary.
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Kudos to West Virginia Watch reporter Caity Coyne for breaking a story last week about an alleged antisemitic comment made by an Instagram account with links to Del. Ian Masters, R-Berkeley.
Masters disavowed the comment to Coyne and claimed he wasn’t sure he even had an Instagram account, but following the interview with him the account name was changed and a link to the West Virginia Citizens Defense League, where Masters previously served as president, was removed. A profile photo continued to show a letter with a return address for Masters’ son addressed to his father. A phone number for Masters was also connected to the account.
By Wednesday, Masters was telling House Speaker Roger Hanshaw, R-Clay, that the account was his, but it had been hacked. Maybe, but the simplest explanation is that he made the comment. Between the drama six months ago with Joseph de Soto and now this, one has to wonder about the 91st House District.
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The Governor’s Office wanted me to clarify that the reason they didn’t give state employees the day off for Juneteenth – celebrating the end of Black slavery in the U.S. after the Civil War – had nothing to do with “fiscal challenges.” Instead, they were citing fiscal challenges for why the state – through the Herbert Henderson Office of Minority Affairs – didn’t host a Juneteenth event as they had previously under former governor Justice.
(Adams is the state government reporter for Ogden Newspapers. He can be contacted at sadams@newsandsentinel.com)