HHS warns West Virginia: $1.37 billion at risk over vaccine religious exemptions
By isabelle // 2025-08-26
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  • HHS warns West Virginia it could lose $1.37 billion in federal health funding for violating federal religious freedom laws on vaccine exemptions.
  • West Virginia’s Department of Education defied the governor’s executive order allowing religious exemptions, sparking lawsuits and a critical September hearing.
  • Five states—California, Connecticut, Maine, New York, and West Virginia—currently ban religious vaccine exemptions, risking billions in federal funds if HHS enforces compliance.
  • Public support for religious exemptions is surging as vaccination rates drop, with federal legislation like the GRACE Act threatening funding cuts for non-compliant states.
  • This battle over vaccine mandates is a pivotal fight for medical freedom, parental rights, and constitutional protections against government overreach.
The U.S. Department of Health and Human Services (HHS) has warned West Virginia that it could lose $1.37 billion in federal health funding if its health departments don’t comply with federal laws protecting religious freedom, including vaccine exemptions. This isn’t just a bureaucratic spat. It’s a seismic shift in the battle over medical freedom, parental rights, and the constitutional protections that have been under siege for years. And it’s happening in a state that, until recently, was one of only five in the nation that denied religious exemptions entirely.

A federal warning with teeth

In an Aug. 21 letter, HHS’ Office for Civil Rights (OCR) made it clear: West Virginia’s health departments must follow federal conscience protections tied to the Vaccines for Children Program (VFC), a CDC-run initiative that provides free vaccines to Medicaid-eligible children. The letter doesn’t just express concern; it cites legal obligations under federal non-discrimination laws, including the Religious Freedom Restoration Act of 1993. “HHS isn’t just expressing an opinion here. It’s giving notice,” said constitutional attorney Rick Jaffe, who represents plaintiffs in multiple vaccine policy lawsuits. “VFC providers operate under agreements with the federal government. If those agreements require compliance with federal non-discrimination laws—including those protecting religious freedom—then a refusal to honor religious exemptions could constitute a breach of contract.” The warning comes as West Virginia’s Department of Education voted in June to ignore Governor Morrisey’s executive order allowing religious exemptions to childhood vaccines, instead enforcing a 2015 law that bans religious exemptions. Meanwhile, lawsuits are piling up. A Raleigh County judge recently consolidated two major cases—one from parents suing for religious exemptions, another from parents of immunocompromised children opposing them. A hearing is set for Sept. 10-11 to determine whether the state’s vaccine law is even constitutional without religious exemptions.

A national domino effect?

West Virginia isn’t alone. California, Connecticut, Maine, and New York also ban religious exemptions—states with far larger populations and, consequently, far more federal funding at stake. If HHS follows through on its warning, the financial fallout could be catastrophic for these states. “California has over 20 times the population of West Virginia,” wrote Dr. Meryl Nass, founder of Door to Freedom. “How many billions does California stand to lose? Or Connecticut, New York, or Maine?” The timing is critical. Public support for religious exemptions has nearly doubled in the past six years, according to a University of Pennsylvania survey. Meanwhile, vaccination rates are hitting record lows as more parents opt out. Legislation like the GRACE Act, introduced by Rep. Greg Steube (R-Fla.), would strip federal funding from schools that deny religious exemptions, posing a direct challenge to states like California, where medical freedom is under siege. This isn’t just about vaccines. It’s about who controls your body, your child’s health, and your family’s future. For years, parents have been bullied, threatened, and denied exemptions by school boards, health departments, and even doctors. Now, HHS is drawing a line in the sand. “CHD has been working with a small but impactful group that has visited over 50 offices in Washington, D.C., talking about states denying religious exemptions,” said Michael Kane, Children’s Health Defense (CHD) director of advocacy. “It’s a boulder at the top of a hill. It’s rolling slowly right now, but the speed is about to pick up drastically.” Even RFK Jr., now HHS Secretary, has thrown his weight behind Morrisey’s order, calling it a “common sense policy” that upholds “religious freedom and parental rights”.

The real question: Will states comply?

West Virginia’s legal battle is far from over. The ACLU has refiled a lawsuit challenging Morrisey’s order, while a preliminary injunction already allows some families to skip vaccines on religious grounds. But the Sept. 10 hearing could decide whether the governor’s order applies statewide or if the state’s Department of Education can keep defying it. Despite this, HHS isn’t backing down. And if West Virginia loses $1.37 billion, other states may finally wake up. Sources for this article include: ChildrensHealthDefense.org WestVirginiaWatch.com WBOY.com
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