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Now it is up to the state Supreme Court to do the right thing on immunizations

By mid-2000, the number of measles cases in the country had slowed to a handful.  Years of vaccinations were so successful that the Centers for Disease Control declared in June of that year that measles had been eliminated.  The declaration meant there had been no continuous transmission of the disease for 12 months.

It was a historic achievement and the result of a goal set by the CDC in 1978 to eradicate the highly contagious and dangerous childhood disease through vaccinations. Harvard Health Publishing reported, “Before an effective vaccine was developed in the 1960s, nearly every child in the U.S. got measles.  Complications like measles-related pneumonia or hearing loss were common, and 400 to 500 people died each year.”

But now measles is making a comeback as an increasing number of states make it easier to opt out of immunization requirements.  Here are some examples:

–The South Carolina Department of Public Health reports nine new cases since last Friday, bringing the total number of cases to 138.  Dozens of school students are quarantining because of potential exposure to measles.  The outbreak is occurring primarily in an area where there are lower vaccination rates.

–Texas reports at least 762 measles cases last year,  with about half of those in one county.  The Texas Tribune reported, “The West Texas outbreak was the nation’s largest in 35 years.  Nearly all of those infected were unvaccinated.

CBS News reported, “In Arizona and Utah, an outbreak has ballooned since August.  According to the CDC, there have been 49 outbreaks this year, while there were just 16 in 2024.

Health officials attribute the spread of the disease to lower vaccination rates.  Thankfully, West Virginia has managed to avoid a serious outbreak… so far.  And that is attributable to the state law requiring school-age children to be immunized unless they are granted a medical exemption.

However, there is a movement afoot, led by Governor Morrisey, to broaden the exemption to include religious and philosophical reasons by claiming the state’s Equal Protection for Religion Act trumps the immunization law.  (Read more here from Brad McElhinny.)

Raleigh County Circuit Court Judge Michael Froble issued an order recently allowing families to use a religious exemption to the vaccine, but the state Supreme Court has placed a stay on that and all lower court activity while it decides the case.

Meanwhile, confusion and uncertainty reign. The state Board of Education tells school systems to follow the existing law, while the state health department is following Morrisey’s executive order to allow the exemptions.

A legal filing by the state Board of Education made this succinct point: “Measles is proliferating in nearby states. Pertussis killed three children in Kentucky in the past year. Childhood vaccination rates continue to decrease. Through it all, West Virginia’s Vaccination Law serves as a bulwark for public health, driving West Virginia to the highest kindergarten vaccination rate in the nation.”

This should be a source of pride and relief for West Virginians. There is universal agreement that the MMR vaccine, which includes immunizations against measles, mumps, and rubella, is safe and effective.  It is just one of a series of shots our children receive prior to entering school that dramatically reduce the risk of diseases that were once commonplace and potentially life-threatening.

Ironically, the immunizations are victims of their own success.  They have been so effective that an increasing number of people believe they are no longer necessary.  Sadly, the growing number of measles outbreaks is a consequence of that thinking.

Now it is up to the five members of the West Virginia Supreme Court to provide unambiguous clarity to the state immunization law that will protect health here and serve as a model for the rest of the country.

 

 

 

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