Krystle and Anthony Perry filed a petition with the U.S. Supreme Court on September 4, asking the justices to hear their case against West Virginia officials over the state's refusal to grant their daughter a religious exemption from school vaccination requirements. The Perrys object to vaccines developed using cells derived from aborted fetuses, which they say conflicts with their Christian belief that abortion is sinful. Their daughter was disenrolled from the West Virginia Virtual Academy, a public online school, in January 2024 after officials learned she was not fully vaccinated. West Virginia is one of only five states that do not allow religious exemptions from school vaccine mandates.
A federal district court granted a preliminary injunction in October 2024 allowing the Perrys' daughter to remain enrolled while the case proceeded, but a divided Fourth Circuit Court of Appeals panel reversed that decision in April, finding the state's law likely constitutional. Alliance Defending Freedom, which represents the Perrys, argues government officials have no business discriminating against religious families. The Supreme Court has not said whether it will take up the case.