Employers in New York do not have to donate religious exemptions from the state mandate for vaccination against COVID-19, but the possibility of seeking a religious exemption must be offered, a federal judge noted on October 12th.
U.S. District Judge David N. Hurd has issued a preliminary injunction against New York Gov. Kathy M. Hochul’s policy that requires vaccination for all health care workers in the state. The ban came in response to a lawsuit filed by 17 unnamed health workers who claim their religious freedoms have been violated by forcing them on a vaccine they oppose on religious grounds.
“The question raised by this case is not whether prosecutors and other individuals are entitled to a religious exemption from the state’s requirement for vaccination in the workplace,” the judge wrote. “Instead, the question arises as to whether the state imposition summary is contrary to the federally protected right of prosecutors and other individuals to seek religious accommodation from their individual employers. The answer to this question is clearly yes. ”
“These findings have nothing to do with the way an employer should respond to the religious objections of individual employees to a request for vaccination in the workplace.”
However, the right to demand such an exemption and the granting of that exemption are two different things, the judge added. “These conclusions have nothing to do with the way the employer should act on the religious objections of individual employees to the request for vaccination in the workplace. But they have everything to do with the proper division of federal and state power. ”
President Joe Biden has issued a vaccine mandate for all national health workers and federal employees and contractors. That federal mandate includes the ability to seek medical and religious exemptions. Therefore, the New York requirement was thus stricter than the federal one.
The interim judgment in the New York case does not resolve the matter, as the case still has to move through the court system. This verdict, however, points to the judge’s belief that unvaccinated health workers could win based on the merits of their claim – to the extent that their request seeks an opportunity to seek a religious exemption from the vaccine’s mandate.
According to legal submissions, prosecutors oppose vaccines against COVID-19 because of a sincere religious belief that “they cannot consent to vaccination … with vaccines that have been tested, developed, or produced with fetal cell lines derived from abortion.”
“These prosecutors are not anti-voxists,” one of their lawyers, Stephen Crampton, said in a press release. Instead, he described their objection to the COVID-19 vaccine as rooted in “research and development related to abortion, something that the deep and sincere religious beliefs of these individuals declare to be wrong.”
The possible relationship between the COVID-19 vaccine and abortion-derived cell lines was a controversial point even as vaccines were being developed. However, even Pope Francis said that such worries are not enough to deny the use of life-saving vaccines.
Several scientists and prominent leaders have explained that the COVID vaccines currently used in the United States are not derived from aborted fetal cells and that the mRNA vaccines produced by Pfizer and Moderna should be a clear conscience for all those concerned about entanglement. into fetal cells.
Many mass-produced drugs in America they are tested in petri dishes after development using distant heirs on the cell line first obtained in the 1960s and 1970s from elective abortions. The Catholic Church has declared this historical connection so distant that it is negligible today.
Among some anti-waxers, the argument about abortion remains ahead and in the center.
Yet, among some anti-waxers, the abortion argument remains ahead and in the center.
The way employers handle requests for exemptions from religion varies, with some practically imprinting all such requirements, while others conducting more detailed case-by-case research.
Some employers require those seeking a religious exemption from the COVID vaccine to sign statements that they also oppose a list of other commonly used drugs that have been similarly tested using long-established fetal cell lines. That list includes acetaminophen, albuterol, aspirin, ibuprofen, tylenol, Pepto Bismol, tums, lipitor, senokot, motrin, maalox, ex-lax, benadril, sudafed, preparation H, claritin, prilosec and zoloft — as well as several other already mandatory vaccines .
In Moffat County, Colorado, local Craig Daily Press reports that Memorial Regional Health has rejected a series of requests for religious exemptions for the state and federal mandate of the COVID-19 vaccine for health workers.
“Anyone who requested an exemption, medical or religious, had to complete the documentation stating their request for exemption and why,” Chief Operating Officer Jennifer Riley told the publication. “Each exemption is reviewed independently.”
As for religious exceptions, “some questions needed to be answered,” Riley said. “They had to participate in an interactive process with HR and a panel with members, internal and external. That council took into account the responses of individuals to determine whether that request was indeed, deeply rooted in a faith that prevented them or forbade them from receiving the vaccine. ”
For example, those who seek religious exemptions are asked if they regularly take other vaccines.
“We have never seen the number of demands we have had since this became a mandate.”
“People have always had the right to give up a vaccine request based on medical or religious reasons,” Riley told the newspaper. “But we have never seen the number of demands we have had since this became a mandate. It’s not just us. Healthcare providers across the country face the same mandate and face the same number of claims. We took this seriously and followed a very consistent process. ”
On the other hand, TV station King5 reported on the school district in Mukilte in the US state of Washington, where almost all requests for religious exemptions from the vaccine mandate were handed over. The district with 24 schools and 1,400 employees has approved 97 of the 100 exemptions requested, says communications director Diane Bradford.
One of the side points in the case of New York, the first iteration of the vaccine mandate for health professionals included the possibility of seeking a religious exemption, but the second iteration of that mandate removed the religious exemption.
“This deliberate change of language is a kind of‘ religious attacker ’that provokes heightened control,” Judge Hurd wrote.
The Chicago-based law firm, which represents 17 New York health workers, hailed the temporary ban as a victory.
“With this decision, the court rightly acknowledged that yesterday’s ‘first-line heroes’ in the face of COVID cannot be treated at once as criminals who transmit diseases and that the command of the state health bureaucracy has thrown them to the brink,” said Christopher Ferrara of Thomas. More Society.
The Thomas More Society is a conservative organization working across the country to promote the free exercise of religious requirements. It is the same firm that represented California pastor John MacArthur in his months-long battle with Los Angeles County over a ban on large indoor gatherings. One of his most prominent lawyers also served as an adviser to former President Donald Trump and was part of his efforts to claim that the 2020 presidential election was stolen.
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