On Wednesday, June 25, 2025, West Virginia Watch reported that Raleigh County Circuit Court Judge Todd Kirby has recused himself from a vaccine lawsuit involving the state school board. The judge made this decision to prevent any potential conflict or impropriety in the case, which centers on vaccination exemptions for schoolchildren.
Judge Kirby, a former Republican delegate in the West Virginia House of Delegates, previously supported legislation that aimed to relax the state’s stringent vaccination requirements for schools. He was also a co-sponsor of the “Equal Protection for Religion Act,” a religious freedom bill that was passed in 2023. This law serves as the foundation for an executive order issued by Governor Patrick Morrisey, which allows families to request religious exemptions from school immunization mandates.
Governor Morrisey announced his backing for a Raleigh County mother who has filed a lawsuit against the state school board. The mother claims that the school board has not accepted religious exemption requests, despite the governor’s directive. The school board, however, has indicated that it will not recognize such exemptions in the upcoming school year, citing that West Virginia’s immunization laws have not been amended.
In response to concerns about his impartiality, Judge Kirby submitted a voluntary recall order, stating that it is crucial to avoid even the appearance of any conflict to maintain the judiciary’s independence and integrity. He deemed himself unqualified to preside over the case and instructed the circuit clerk to reassign it to another judge.
The state Democratic Party had previously called for Judge Kirby to step aside, pointing out his involvement in the religious freedom legislation and a 2024 proposal aimed at removing immunization requirements for private and parochial schools.
Judge Kirby transitioned from the House of Delegates to the judiciary in 2024, taking a position in the 10th Judicial Circuit.
The issue of vaccine exemptions has emerged as a significant political topic during Governor Morrisey’s early tenure. He argues that the school board is undermining “religious liberty protections” for families. West Virginia has been one of the few states that did not permit religious exemptions, but the governor’s executive order allowing such exemptions came on his first full day in office.
In March, a bill designed to codify the executive order and modify state vaccination laws was voted down by the GOP-led House of Delegates. Following this, Governor Morrisey affirmed that his executive order would remain in effect, directing the state health department to accept requests for exemptions based on religious grounds. The state health department has reported that over 100 families have sought religious exemptions for the upcoming school year.
Additionally, the American Civil Liberties Union of West Virginia and Mountain State Justice are pursuing a writ of mandamus in the Kanawha County Circuit Court, representing parents of immunocompromised children. This legal action aims to compel state health authorities to cease compliance with the governor’s executive order.
Source: West Virginia Watch
