Anthony and Krystle Perry filed suit seeking a religious exemption for their daughter K.P. from West Virginia's mandatory vaccination requirements after she was disenrolled from the state's Virtual Academy for being unvaccinated. The parents argued that the state's refusal to provide religious exemptions violated their First Amendment right to freely exercise their Christian faith.
West Virginia is among the most restrictive states regarding vaccination exemptions, only permitting medical exemptions when a licensed physician certifies that vaccination is contraindicated due to specific medical conditions. The state requires vaccination against numerous diseases including measles, mumps, rubella, polio, hepatitis B, chickenpox, and whooping cough for all school children.
The district court initially granted the Perrys a preliminary injunction, finding they were likely to succeed on their free exercise claim under Employment Division v. Smith. However, the Fourth Circuit reversed this decision, emphasizing that the Supreme Court's precedent in Jacobson v. Massachusetts and subsequent cases establishes that states have broad police powers to protect public health through vaccination requirements.
Judge Wilkinson, writing for the majority, stressed that 'rights, as important as they are, do not swing free and clear of the larger social compact,' noting that vaccination has deep historical roots dating back to George Washington's mandatory inoculation of Continental Army troops during the Revolutionary War. The court rejected the argument that religious beliefs can override generally applicable public health laws designed to protect school children and the broader community from infectious diseases.