RickJaffeesq.com———- By Richard Jaffe, Lawyer ———Wed., Sept. 01/21
I thought I’d share some promising news that just came across my computer. A Michigan federal just has just issued a TRO barring a University from stopping four female athletes from participating in collegiate sports after the University denied their religious exemption requests.
The school had denied the requests essentially because of the dangers of the Delta variant and that it couldn’t take the chance to let the unvaccinated students participate in the sports program and endanger other athletes.
The welcome news to lawyers in the field is that the court applied strict scrutiny to what it characterized as the students’ right to practice a religion.
Meaning, I don’t think any federal court has held that there is a constitutionally protected religious freedom right not to be vaccinated under a vaccine mandate.
You will recall that post SB 277, three or four courts held that there was no constitutional right to a personal belief exemption to the California mandatory vaccination laws.
As stated, this appears to me to be the first time that any court has recognized such a constitutional right. And that makes it big news and an important case, or maybe a super important case.