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Judge rules West Virginia parents can use religious beliefs to opt out of school vaccine requirements

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Judge rules West Virginia parents can use religious beliefs to opt out of school vaccine requirements

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A West Virginia judge ruled on Wednesday that parents can use religious beliefs to opt out of school vaccine requirements for their children.

Raleigh County Circuit Judge Michael Froble on Wednesday issued a permanent injunction, saying children of families who object to the state’s compulsory vaccination law on religious grounds will be permitted to attend school and participate in extracurricular sports.

Froble found that a state policy prohibiting parents from seeking religious exemptions violates the Equal Protection for Religion Act signed into law in 2023 by then-Gov. Jim Justice.

West Virginia was among just a handful of states to offer only medical exemptions from school vaccinations when Gov. Patrick Morrisey issued an executive order earlier this year allowing religious exemptions.

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ALABAMA, KANSAS TOP LIST OF MOST ‘FAITH-FRIENDLY’ STATES; MICHIGAN, WASHINGTON RANK LOWEST: REPORT

West Virginia Gov. Patrick Morrisey said that the ruling “is a win for every family forced from school over their faith.” (Andrew Harnik/Getty Images)

However, the state Board of Education voted in June to instruct public schools to ignore the governor’s order and follow long-standing school vaccine requirements outlined in state law.

The board said following Wednesday’s ruling that it “hereby suspends the policy on compulsory vaccination requirements” pending an appeal before the state Supreme Court.

Morrisey said in a statement that the ruling “is a win for every family forced from school over their faith.”

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Two groups had sued to stop Morrisey’s order, arguing that the legislature has the authority to make these decisions instead of the governor.

Legislation that would have allowed the religious exemptions was approved by the state Senate and rejected by the House of Delegates earlier this year.

The judge found that a state policy prohibiting parents from seeking religious exemptions violates the Equal Protection for Religion Act signed into law in 2023. (Julian Stratenschulte/dpa (Photo by Julian Stratenschulte/picture alliance via Getty Images))

The judge ruled that the failure to pass the legislation did not determine the application of the 2023 law. He rejected the defendants’ argument that religious exemptions can only be established by legislative moves.

“Legislative intent is not absolute nor controlling in interpreting a statute or determining its application; at most, it is a factor,” Froble said.

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A group of parents had sued the state and local boards of education and the Raleigh County schools superintendent. One parent had obtained a religious exemption to the vaccine mandate from the state health department and enrolled her child in elementary school for the current school year before receiving an email in June from the local school superintendent rescinding the certificate, according to the lawsuit.

In July, Froble issued a preliminary injunction allowing the children of the three plaintiffs’ families in Raleigh County to attend school this year.

FEDERAL JUDGE RULES PUBLIC CHARTER SCHOOL VIOLATED CHURCH’S FIRST AMENDMENT RIGHTS

State law requires children to receive vaccines for chickenpox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough before attending school. (iStock)

Last month, Froble certified the case as a class action involving 570 families who had received religious exemptions in other parts of the state. He said the class action also applies to parents who seek religious exemptions in the future.

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Froble said the total number of exemptions so far involved a small portion of the statewide student population and “would not meaningfully reduce vaccination rates or increase health risks.”

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State law requires children to receive vaccines for chickenpox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough before attending school.

At least 30 states have religious freedom laws. The laws are modeled after the federal Religious Freedom Restoration Act, which was signed into law in 1993 by then-President Bill Clinton, allowing federal regulations that interfere with religious beliefs to be challenged.

The Associated Press contributed to this report.

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Cruise ship linked to deadly Hantavirus outbreak arrives off Tenerife as passenger evacuation begins

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Cruise ship linked to deadly Hantavirus outbreak arrives off Tenerife as passenger evacuation begins

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The cruise ship linked to a deadly Hantavirus outbreak arrived early Sunday off the Spanish island of Tenerife, where passengers began to evacuate and fly to their home countries.

Passengers are being tested by Spanish health authorities to ensure they are asymptomatic before being transported ashore in small boats, Spanish officials said, according to Reuters.

Spanish health authorities confirmed that the first plane carrying the Spanish passengers has departed for a military hospital in Madrid, where they will be under quarantine.

The 17 Americans aboard the MV Hondius will be flown to a medical center in Nebraska after health officials allow them to disembark.

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AMERICANS TO BE EVACUATED FROM HANTAVIRUS CRUISE SHIP AS GLOBAL HEALTH CHIEF TRAVELS TO QUARANTINE ISLAND

The cruise ship MV Hondius arrives at the port of Granadilla de Abona after being affected by a Hantavirus outbreak, in Tenerife, Spain, May 10, 2026. (REUTERS/Hannah McKay)

A Centers for Disease Control and Prevention (CDC) official told ABC News on Saturday morning that federal officials currently do not plan to mandate quarantine when the American passengers arrive in Nebraska.

They will instead be screened upon arrival in the U.S. and either stay briefly at Nebraska’s National Quarantine Unit or return home to monitor for symptoms for 42 days while staying in contact with local health authorities, the official said.

The ship set course for Spain on Wednesday from the coast of Cape Verde after the WHO and European Union requested assistance in managing the outbreak.

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The ship’s arrival comes hours after World Health Organization Director-General Dr. Tedros Adhanom Ghebreyesus arrived on the island.

The WHO said Friday that eight people aboard the ship had fallen ill, including three who died. Six cases have been confirmed, with two others suspected.

HANTAVIRUS DEATHS ON CRUISE SHIP HIGHLIGHT DANGERS OF RODENT-BORNE DISEASE

A cruise ship linked to a Hantavirus outbreak anchored near the Spanish island of Tenerife ahead of a planned evacuation. (REUTERS/Hannah McKay)

In a statement Saturday, Ghebreyesus said the public health risk remains low.

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“I know you are worried. I know that when you hear the word ‘outbreak’ and watch a ship sail toward your shores, memories surface that none of us have fully put to rest,” he said.

“The pain of 2020 is still real, and I do not dismiss it for a single moment. But I need you to hear me clearly: this is not another COVID-19. The current public health risk from Hantavirus remains low. My colleagues and I have said this unequivocally, and I will say it again to you now,” he continued.

ARGENTINA INVESTIGATORS ZERO IN ON POSSIBLE ORIGIN POINT OF HANTAVIRUS IN DEADLY CRUISE OUTBREAK

A police boat operates next to the cruise ship MV Hondius at the port of Granadilla de Abona after being affected by a hantavirus outbreak, in Tenerife, Spain, May 10, 2026. (REUTERS/Hannah McKay)

Ghebreyesus noted that the virus identified aboard the ship is the Andes strain of hantavirus, which can be severe.

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“Three people have lost their lives, and our hearts go out to their families,” he wrote, reiterating that the public health risk posed by the virus remained low.

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An ambulance evacuates patients from the MV Hondius cruise ship to the airport in Praia, Cape Verde, on May 6, 2026. (Misper Apawu/AP)

About 30 crew members are expected to remain on board as the vessel continues to the Netherlands, where it will be disinfected.

Fox News Digital’s Robert McGreevy, The Associated Press and Reuters contributed to this report.

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A 17¢ Supplement Is Changing Lives for Women Over 50—Here’s How

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A 17¢ Supplement Is Changing Lives for Women Over 50—Here’s How


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Celebrity chef reveals No. 1 mistake sabotaging your weight loss: ‘Fuzzy math’

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Celebrity chef reveals No. 1 mistake sabotaging your weight loss: ‘Fuzzy math’

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FIRST ON FOX: Eating healthy doesn’t have to be complicated, according to celebrity chef Rocco DiSpirito.

In an exclusive interview with Fox News Digital, the restaurateur and owner of New York City’s new Bar Rocco – whose philosophy and cookbooks are rooted in health-conscious dieting – shared a few misconceptions about healthy eating, especially when the end goal is weight loss.

“There is no one fix, there’s no one cure for everyone,” he said. “Everyone has different needs and their weight-loss journey is going to be different. So, you really have to figure out what your problem is.”

WEIGHT LOSS DRUGS ARE CHANGING DINING AS CUSTOMERS EAT HALF THEIR MEALS, TAKE REST HOME, CELEBRITY CHEF SAYS

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This could be a body composition imbalance, a lack of exercise or a generally poor diet, DiSpirito mentioned. “Figure out what will help you address those issues most quickly,” he advised.

Rocco DiSpirito recently opened Bar Rocco in New York City. The Rockefeller Center location offers breakfast, lunch and dinner. (Eric Medsker)

“Even if you’re working out, unless you’re LeBron James and burning 8,000 calories a game, there’s no way to out-train a bad diet, so at some point in our lives, we have to come to a reckoning with what we consume.”

DiSpirito says it’s “always a good idea” to start with the basics, including consuming less sugar, less alcohol, fewer processed foods and fewer processed carbs, as well as eating more protein.

DOCTOR REVEALS SECRETS TO LASTING WEIGHT LOSS WITHOUT COUNTING CALORIES

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The chef revealed that the No. 1 issue he’s witnessed is that people have “no idea how many calories they’re consuming.”

“We’re all consuming two to three times more than we realize,” he noted. “And even when we count and use the apps, there’s a lot of fuzzy math going on.”

“So, getting a handle on how much you’re consuming, even the little picking that you do while you’re cooking and cleaning, all that counts and adds up quickly.”

SIMPLE WEIGHT-LOSS QUIZ MAY PINPOINT WHY SOME DIETS FAIL — AND HOW TO BOOST SUCCESS

As the healthy eating movement gains traction, DiSpirito called it “very important” for most of the U.S., as the country faces an “obesity issue.”

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“Restaurants are definitely thinking about it as well,” he said. “[But] I wouldn’t say restaurants are making it their [top] priority.”

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“We still have a lot of work to do just getting people in and seated and fed and their checks to them when they want. But there are some restaurants that are focused on it.”

As the healthy eating movement gains traction, DiSpirito called it “very important” for most of the U.S., as the country faces an “obesity issue.” (iStock)

Privately, DiSpirito said he has focused on providing healthy meal plans for clients.

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“But for restaurants to approach healthy eating is a little difficult, because it’s a whole different kind of cooking and a [different] kind of energy,” he said.

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“Healthy eating isn’t fun – so to bring that into a fun atmosphere is kind of difficult. It’s difficult to mix the two.”

This crossroads between indulgence and health may be a tricky mix, especially among the food supply in America, DiSpirito acknowledged – but the two align more easily in other countries where the food is not tampered with, he added.

Celebrity chef Rocco DiSpirito says other countries, like Italy, “don’t allow a lot of messing around with food that we allow in the United States.” (Jonathan Pushnik)

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“If you go to Italy, for example, and just eat everything they eat, it feels indulgent … and it’s also very healthy,” he said. “And the key is the food supply is still natural. It’s still organic.”

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“There aren’t lots of sprayed food [or] sprayed vegetables in Italy,” DiSpirito went on. “They don’t allow a lot of messing around with food that we allow in the United States, the GMO-ing, the modifying.”

“So healthy and indulgent are not mutually exclusive, but in [our] food supply system … it’s very difficult.”

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