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photo by: Steven Allen Adams

West Virginia Gov. Patrick Morrisey signs a series of executive orders Tuesday with the assistance of Marissa Findlay, MorriseyÀÏ˾»úÖ±²¥™s director of operations.

CHARLESTON — Gov. Patrick Morrisey wasted no time on his second day in office Tuesday by signing several executive orders, ranging from ordering a review of all state rules and regulations to banning state funding for DEI programs and allowing for religious exemptions for vaccines.

Morrisey held his first press conference Tuesday morning in the Governor’s Reception Room at the State Capitol Building announcing the signing of eight executive orders that go into effect the same day. Morrisey said he was fulfilling promises made in his inaugural speech Monday.

“I think it’s really important that we demonstrate that we have a team in place that’s going to be aggressive, proactive, and we’re going to begin this transformational process to put West Virginia first and be that shining state in the mountains,” Morrisey said. “Today begins the process of effectuating those goals. We’re going to be trying to accomplish a lot. We will be swift, we will be decisive, and we will be doing more of these events coming up.”

Four executive orders would deal with the functions of state cabinet departments and agencies.

One order requires cabinet officials and agencies to begin the “Backyard Brawl,” beginning audits of all departments and agencies and comparing roles with neighboring states.

Another order would require departments and agencies to review proper functions to eliminate inefficiencies and redundancies. One order requires a review of all active executive orders still on the books to see what needs changed or eliminated. The fourth executive order would require examination of all legislative rules and regulations created by state departments and agencies.

“We’re not aware of when the last time people have gone back to do a wholesome review,” Morrisey said. “Going back in time of whether executive orders exist from 30 years ago or 20 years ago, we thought it’s prudent to go back and see what rules are we operating under. The public deserves to know that we’re being transparent and what the rules of the road are.”

One executive order signed Tuesday will require a review of all major executive branch spending decisions for the current fiscal year (July 1 to present) that were $100,000 or more. The review will be retroactive and for future decisions for the remainder of this fiscal year ending in June. Morrisey reiterated again that there could be a general revenue budget deficit for the next fiscal year beginning in July (fiscal year 2026).

“If there are other wasteful items, we want the public to point that out to us because we’re willing to review it. But there’ll be a retroactive review,” Morrisey said. “And then we’re of course going to be reviewing all of the plans going forward to June 30th. If we identify that there are opportunities to rescind programs and spending, we will do that.”

The next set of executive orders deal with issues important to Morrisey’s conservative base. One executive order states that expanding access to school choice options is a priority for the Morrisey administration. It requires his administration to work closely with the West Virginia Legislature to forward legislation to improve and expand school choice in the state.

“I anticipate working closely with (the Legislature) on any legislation we may need to further those goals and to continue to ensure that West Virginia has the broadest school choice laws in the country. I’ve been talking about that for years,” Morrisey said.

Another executive order would terminate any DEI (diversity, equity and inclusion) policies that may exist in state departments and agencies. The order would also prohibit state taxpayer dollars from going towards DEI purposes.

“We are expressly sending a letter to all of our cabinet officials and agency heads and indicating that there should be review of any potential DEI that may exist within state government,” Morrisey said. “We want to have a review of recruiting, of retention, of programs, of policy, or any issue which might express an inappropriate preference for race, for sex, for national origins.”

While proponents of DEI believe that these policies work to create a more welcoming environment for people of different race, sex and gender, sexual orientation, or other social identities, opponents — including many conservatives — believe DEI policies are discriminatory and divisive.

Morrisey said he absolutely supports the federal Civil Rights Act that prohibits discrimination based on race, color, religion, age, sex, sexual orientation/gender, disability, and national origin. But he said DEI policies go too far, citing a recent U.S. Supreme Court ruling that threw out race-based admissions policies in higher education. Morrisey said he was aware of examples within state government of DEI but cited no specific examples.

“(The U.S. Supreme Court was) very clear that having these types of preferences by groups…was inappropriate,” Morrisey said. “I want to be clear, because there’s no current law and no current executive order in place, that that mindset doesn’t take hold in West Virginia. So, we’re going to make sure that we go through this process, we analyze it, and then we make determinations. But we are aware of some, and we’re going to make sure that (DEI) doesn’t take root in West Virginia.”

Separate from the executive order, Morrisey announced a partnership with the Legislature to pass a law setting legal definitions for gender in state code. The House of Delegates passed a bill to do this, House Bill 5243, during the 2024 legislative session, but the bill was never taken up in the Senate.

Also called the Women’s Bill of rights, HB 5243 would have defined sex-based terms in State Code for “woman,” “girl” and “mother” to refer to biological females except in cases of developmental and genetic anomalies or accidents. Morrisey said he hopes the Legislature will move similar legislation in February.

“I think that that’s one of the areas I hope that we’re going to be able to reach some consensus with the House and the Senate, but we’re looking to collaborate with them on that goal,” Morrisey said. “I think that’s common sense and long overdue.”

One executive order would use the 2023 Equal Protection for Religion Act to allow for religious and conscientious objections to the state’s school vaccination mandates. State Code requires children attending school in West Virginia to show proof of immunization for diphtheria, pertussis, tetanus, polio, measles, mumps, rubella, varicella, and hepatitis B unless proof of a medical exemption can be shown. West Virginia only provides for a medical exemption to immunizations.

“We are directing the (Bureau) of Public Health to set up a process to recognize these differences. We believe that the Equal Protection for Religious Act, um, strongly argues in favor of religious and conscientious exemptions. West Virginia right now is an outlier.”

According to the National Conference of State Legislatures, 20 states and Washington D.C. allow immunization exemptions for religious reasons, while 13 states allow exemptions for both religious and personal reasons.

According to the West Virginia Immunization Network through the Center for Rural Health Development, West Virginia has one of the highest immunization rates in the nation for kindergarteners, ranging from between 92% and 98%, depending on the vaccine.

Morrisey also announced Tuesday that he would send a letter to West Virginia’s congressional delegation seeking their help in pressuring the federal government to declare fentanyl a weapon of mass destruction. Morrisey said he has already been in talks with the incoming administration of former President Donald Trump on this issue.

“Fentanyl has ravaged our state and killed so many people,” Morrisey said. “We’ve all been working very hard fighting the drug plague, but I think we need additional help. We need the federal government to step in and work with us.”

Tuesday’s executive orders received pushback from democratic leaders in the House of Delegates. House Minority Leader Sean Hornbuckle, D-Cabell, and House Minority Whip Shawn Fluharty, D-Ohio, criticized Morrisey for focusing on divisive issues instead of real issues affecting all West Virginians.

“First and foremost, we want to work with Governor Morrisey on initiatives to push West Virginia forward, but his recent executive orders give us grave concern,” Hornbuckle said. “He is taking us backward and isn’t thinking about all West Virginians.

“West Virginia is 48th in education while spending over $700 less per pupil than the national average; 47th in economic well being, but he is choosing to prioritize taking more money from public education; weakening our leading number one childhood vaccination achievement; and creating a DEI boogeyman that doesn’t exist,” Hornbuckle continued. “Again, we welcome the opportunity to work together not to amplify campaign talking points.”

“For over a decade, Patrick Morrisey has been part of the supermajority’s rule on this state. Yet, for the past 10 years we rank 50th in job growth rate, 49th in personal income, 49th in workforce participation and dead last in infrastructure,” Fluharty said. “Today, he announced he would rather bring back polio than jobs. It’s clear he keeps repeating the term ‘woke’ to distract from the fact that he and the supermajority have been asleep at the wheel for a decade.”