“I am about as strong a supporter of religious exemptions as you can find in legal academia,” said Douglas Laycock, a professor at the University of Virginia Law School, in an email. This is particularly the case when the government has a real and compelling reason, such as public health, to refuse exemptions-which legal scholars say certainly applies here. While some religious liberty advocates claim that the First Amendment protects any government employees making such claims, the current precedent holds that as long as a law is generally applicable and on its face neutral, it doesn’t amount to religious discrimination. It’s possible employers may be safer by giving no ground at all, she said. And Dorit Rubinstein Reiss, a professor at the University of California, Hastings College of the Law, who studies vaccines and the law, said that she has seen more lawsuits directed against institutions that gave religious exemptions but denied specific individuals. An employer may also choose to accommodate the employee by making them wear masks, social distance, take frequent COVID tests, and otherwise operate by different rules than vaccinated employees. While some argue that Title VII protections for employees include allowing religious exemptions for vaccines, others argue that an employer only has to accommodate an employee’s religious beliefs if they do not amount to an undue hardship-a caveat that could certainly be applied to the heightened risk of transmitting COVID. The requirements can vary state by state, city by city, institution by institution.Īccording to legal experts, it’s still an open question if anyone has to offer religious exemptions. military, which will begin requiring vaccines in the fall, has a formal process by which members request a religious exemption. When it came to mandates for public schools and government employees, the exemptions were often automatically built in. Many states already have statutes guaranteeing religious exemptions for vaccines. In the public sphere, things are similarly vague. Some Catholic clergy and groups have made such resources available, despite the pope’s very clear position on the matter the Colorado Catholic Conference even published a template for Catholics seeking religious exemptions. A pastor in Riverside County, California, told his congregation in the spring that the vaccine was “unclean” and directed them to a downloadable form Christians could use to claim religious exemptions. Locke is certainly not the only faith leader promoting anti-vax objections in the guise of religious concerns. “I can write you a religious exemption, and we will sue their stinkin’ pants off!” “I know some of you, like, ‘My goodness! What am I gonna-my boss told me that if I don’t get the vaccination that I’m gonna lose my job,’” he said. In May, Greg Locke, the right-wing evangelical head pastor of Tennessee’s Baptist Global Vision Bible Church, told a cheering congregation that “elites” were trying to push an unsafe vaccine on the public while injecting themselves with sugar water.
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