Alabama Attorney General Steve Marshall has filed a brief in the U.S. Court of Appeals for the Second Circuit, challenging New York's recent elimination of religious exemptions from school vaccination requirements. The brief contends that this policy infringes upon the First Amendment rights of Amish parents who oppose vaccinations on religious grounds.
Marshall stated, "New York has so little regard for religion that it will seek out, harass, and threaten Amish communities that want only to live out their faith amongst themselves." He further emphasized, "Parents should not be forced to choose between their children’s schooling and their fundamental rights."
The brief highlights that nearly every other state accommodates religious objections to school vaccine mandates. It argues that the First Amendment was designed to protect religious minorities like the Amish and cites U.S. Supreme Court precedents defending parental rights in religious education and upbringing.
The U.S. District Court for the Western District of New York previously ruled that New York's repeal of religious accommodations was "neutral and generally applicable." However, the brief disputes this finding, arguing that allowing health-based exemptions while denying religious ones constitutes discrimination against religion.
Marshall expressed concern over what he perceives as a growing trend of hostility toward religious liberty: "We need to resist this hostility before it infects the federal courts too."
Joining Alabama in this coalition are Arkansas, Florida, Idaho, Iowa, Kansas, Kentucky, Louisiana, Missouri, Montana, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and West Virginia.