Another challenge to the Connecticut law that repealed religious exemptions for school vaccine requirements in 2021 was partially dismissed by the state Supreme Court Tuesday.
The Connecticut Supreme Court dismissed five of six issues raised in a 2022 lawsuit brought by two Connecticut families against Gov. Ned Lamont, Education Commissioner Charlene Russell-Tucker and Public Health Commissioner Manisha Juthani.
In Spillane v. Lamont, two mothers from Orange and Greenwich claimed that eliminating religious exemptions for student immunizations violated the state and federal constitutions and Connecticut’s Religious Freedom and Restoration Act.
The Connecticut Supreme Court rejected all of the claims under both constitutions, but will “review further the plaintiffs’ claims made pursuant to Connecticut’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 lawsuit 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 declined to hear a case on the issue, ending a three-year legal battle between nonprofit organization We The Patriots Inc. and the Connecticut departments of education and public health, the Office of Early Childhood Development and three local boards of education.
In that case, three Connecticut parents and two organizations, We the Patriots USA, Inc., and the CT Freedom Alliance, had also argued that the state was violating their First Amendment rights.
We the Patriots Inc. has another lawsuit pending on behalf of Milford Christian Church on whether a church can honor religious exemptions in its private day cares and schools.