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Second Circuit – Free Exercise Clause: We the Patriots USA Inc., et al. v. Conn. Office of Early Childhood Dev.

By: Daily Record Staff//September 13, 2023

Second Circuit – Free Exercise Clause: We the Patriots USA Inc., et al. v. Conn. Office of Early Childhood Dev.

By: Daily Record Staff//September 13, 2023

United States Court of Appeals for the Second Circuit

Free Exercise Clause

Vaccination – Repeal of religious exemptions

We the Patriots USA Inc., et al. v. Conn. Office of Early Childhood Dev.

22-249-cv

Judges Leval, Chin, and Bianco

Background: The plaintiffs appealed from the dismissal of their challenging a statute that repealed religious exemptions from state immunization requirements for schoolchildren, college and university students, and childcare participants.

Ruling: The Second Circuit affirmed in part and vacated in part. The court held that the statute in question, which previously accommodated religious objections to vaccination, satisfies rational basis review as the statute and the legislative history is neutral and generally applicable. Thus, the statute in question does not violate the Free Exercise Clause.

Norman A. Pattis for the plaintiffs-appellants; Darren P. Cunningham, assistant attorney general, for the defendants-appellees.

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