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W. Va. Attorney General Opines Against Vaccine Mandates, Vaccine Passport Requirements

Added 09-25-21 06:21:03pm EST - “From a West Virginia Attorney General's opinion handed down two weeks ago, but just posted on Westlaw, the conclusion: [A]” - Reason.com

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Posted By TheNewsCommenter: From Reason.com: “W. Va. Attorney General Opines Against Vaccine Mandates, Vaccine Passport Requirements”. Below is an excerpt from the article.

Eugene Volokh | 9.25.2021 5:36 PM

From a West Virginia Attorney General's opinion handed down two weeks ago, but just posted on Westlaw, the conclusion:

[A] law requiring all state employees to be vaccinated or requiring all businesses to demand vaccine passports from all patrons would violate our State's constitution (as it should be properly understood) and violate both state and federal law. The same finding would follow no matter what aspect of "state" government is implicated; mandates and passport requirements imposed by counties, municipalities, and other public actors would give rise to the same legal concerns as a mandate or passport requirement imposed at the statewide level. We therefore urge any public entities to comply with such guidance and come into accordance with this opinion.

Likewise, a private employer's mandate or vaccine-passport requirement may violate federal and state anti-discrimination laws if it does not, at a minimum, provide for appropriate exceptions for those with religious-or disability-based objections.

Additional steps can and should be taken by the Legislature to ensure that individual liberty interests are protected. The Legislature could:

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