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Challenge to CT religious vaccine exemption ban largely dismissed

Protesters with signs gathered in front of the Capitol in Hartford. In the foreground is a woman wearing an American flag as a cape and holding a megaphone.
Tyler Russell
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FILE: Protesters gather at the ϳԹ State Capitol, April 27, 2021, in opposition to removing the religious exemption from childhood vaccinations at the ϳԹ State Capitol April 27, 2021.

Another to the ϳԹ law that for school vaccine requirements in 2021 was partially dismissed by the state Supreme Court Tuesday.

The ϳԹ Supreme Court dismissed five of six issues raised in a 2022 lawsuit brought by two ϳԹ families against Gov. Ned Lamont, Education Commissioner Charlene Russell-Tucker and Public Health Commissioner Manisha Juthani.

In , two mothers from Orange and Greenwich claimed that eliminating religious exemptions for student immunizations violated the state and federal constitutions and .

The ϳԹ Supreme Court rejected all of the claims under both constitutions, but will “review further the plaintiffs’ claims made pursuant to ϳԹ’s Religious Freedom and Restoration Act,” Attorney General William Tong’s office said in a news release Tuesday.

Tong said that he plans to “aggressively defend the state’s necessary and lawful actions to protect public health,” with the case’s final pending piece.

“Vaccines save lives, school vaccine requirements remain in effect, and we are very confident in our position,” Tong said.

James Mermigis, a New York attorney representing the families, did not immediately respond to a request for comment Tuesday evening.

In 2021, Lamont signed legislation into law that eliminated religious exemptions for student immunizations. Children in pre-kindergarten, day care or those new to the school system would no longer be able to claim the exemption starting on Sept. 1, 2022, while those who were already enrolled in kindergarten through 12th grade would be grandfathered in.

Keira Spillane and Anna Kehle, the two mothers named in the lawsuit, said the new law would “split” their families because each would have one of their children grandfathered in with a religious exemption, but their younger ones wouldn’t be eligible because of their age, according to the complaint.

The said the families could not “morally receive any of the vaccines without compromising their closely held religious beliefs,” citing that “certain vaccines … are produced using human cell lines derived from direct abortions,” and that the two families “are morally required to obey their sure conscience; and that abortion is a sin and contrary to the teachings of the Bible.”

Spillane and Kehle’s challenge is one of a handful of other lawsuits that have been filed since the law passed.

In late June, the U.S. Supreme Court on the issue, ending a between nonprofit organization We The Patriots Inc. and the ϳԹ departments of education and public health, the Office of Early Childhood Development and three local boards of education.

In that case, three ϳԹ parents and two organizations, ., and , had also argued that the state was violating their First Amendment rights.

We the Patriots Inc. has another lawsuit on behalf of Milford Christian Church on whether a church can honor religious exemptions in its private day cares and schools.

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SOMOS CONNECTICUT is an initiative from ϳԹ, the state’s local NPR and PBS station, to elevate Latino stories and expand programming that uplifts and informs our Latino communities. Visit CTPublic.org/latino for more stories and resources. For updates, sign up for the SOMOS CONNECTICUT newsletter at ctpublic.org/newsletters.

SOMOS CONNECTICUT es una iniciativa de ϳԹ, la emisora local de NPR y PBS del estado, que busca elevar nuestras historias latinas y expandir programación que alza y informa nuestras comunidades latinas locales. Visita CTPublic.org/latino para más reportajes y recursos. Para noticias, suscríbase a nuestro boletín informativo en ctpublic.org/newsletters.

Fund the Facts

You just read trusted, local journalism that’s free for everyone, thanks to donors like you.

If that matters to you, now is the time to give. Join the 50,000+ members powering honest reporting and a more connected — and civil! — ϳԹ.

ϳԹ’s journalism is made possible, in part by funding from Jeffrey Hoffman and Robert Jaeger.