Montgomery, AL – Alabama Attorney General Steve Marshall is leading a coalition of 20 states in filing an amicus brief in the U.S. Court of Appeals for the Second Circuit, supporting the religious freedoms of the Amish community in rural New York. The brief addresses penalties imposed on Amish-only private schools by the state of New York, which stem from the Amish parents’ religious objections to vaccinating their children.
The brief argues that New York’s decision to eliminate longstanding religious exemptions from school vaccination requirements violates the First Amendment rights of parents. According to the coalition, almost every other state in the U.S. accommodates religious objections to school vaccine mandates.
“New York has so little regard for religion that it will seek out, harass, and threaten Amish communities that want only to live out their faith amongst themselves,” said Attorney General Marshall. “Parents should not be forced to choose between their children’s schooling and their fundamental rights. Unfortunately, we’re seeing a growing trend of hostility toward religious liberty. I was shocked to learn that members of the New York legislature had called such religious beliefs ‘fake’ and ‘garbage.’ We need to resist this hostility before it infects the federal courts too.”
The brief asserts that the First Amendment was designed to protect religious minorities, such as the Amish. It references the U.S. Supreme Court’s historical defense of parental rights concerning religious education and upbringing. The coalition contends that the U.S. District Court for the Western District of New York incorrectly determined that New York’s repeal of religious accommodations was “neutral and generally applicable.” They argue that the law discriminates against religion by allowing unvaccinated students for health reasons but not for religious reasons.
The coalition emphasizes that public health concerns do not justify infringing on religious freedoms. They express concern that states like New York and the federal government may continue to encroach on these essential rights.
The Alabama-led coalition includes Arkansas, Florida, Idaho, Iowa, Kansas, Kentucky, Louisiana, Missouri, Montana, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and West Virginia.
For more information on the case and the coalition’s efforts, please visit the Alabama Attorney General’s website.