West Virginia school boards challenge religious exemption ruling in Supreme Court
The West Virginia and Raleigh County school boards have taken their fight against a religious exemption case to the state's highest court. They've filed an intent to appeal the circuit court's class certification decision, arguing it could set a dangerous precedent statewide.
The school boards, represented by the state school board, have until December 12 to file their appeal. They contend that the circuit court judge overstepped his authority by certifying the class action, which could impact similar cases across West Virginia. The boards argue that this decision creates confusion and threatens other litigation against them.
The case in question involves two Raleigh County families seeking religious exemptions to school vaccination requirements under the Equal Protection for Religion Act. The families have until January 26 to file their response, with any subsequent response from the school boards due by February 16.
The school boards claim that the circuit court granted motions to add class allegations and move for class certification midway through a bench trial without oral argument. They assert that this order could permit hundreds of unvaccinated children in public schools, rendering any appellate relief ineffective.
The school boards' appeal aims to challenge the circuit court's class certification, which they believe threatens their stance on religious exemptions to West Virginia's vaccination law. The Supreme Court will now consider the merits of the appeal, with a potential ruling that could significantly impact similar cases statewide.
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