CHARLESTON, W.Va. (WV News) — A lawsuit has been filed in Kanawha County Circuit Court seeking to block an executive order by Gov. Patrick Morrisey that allows for religious exemptions to West Virginia's compulsory school immunization law.

The complaint, filed late Friday in Kanawha County Circuit Court by parents Joshua A. Hess and Marisa Jackson, argues that the executive order is unconstitutional and unlawful. This new action comes after a similar case, filed by the same parties on June 4, was dismissed.

That previous case was dismissed for "failure to provide pre-suit notice."

According to the complaint, the court's finding was based on the pleadings' "failure to adequately articulate a claim for injunctive relief," not a substantive deficiency in the constitutional claims or a find

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