“The Free Exercise Clause protects not only the right to hold unpopular religious beliefs inwardly and secretly,” he wrote. “It protects the right to live out those beliefs publicly.”
The Coronavirus Pandemic: Latest Updates
- More than 50 million total coronavirus cases have been found in the U.S.
- Philadelphia will require proof of vaccination to eat or drink indoors starting Jan. 3.
- More Americans are worried about getting Covid, but they are not taking more precautions, a survey finds.
The ruling came in a pair of challenges brought by doctors, nurses and other health care workers who said the requirement violated their right to the free exercise of religion. They argued that the availability of a medical exemption meant that the state was discriminating against religious practice, citing decisions of the Supreme Court striking down limits on religious gatherings that the justices in the majority said were more restrictive than ones imposed on secular gatherings.
A federal judge in Brooklyn ruled against the challengers in the case before him, but another federal judge, in Utica, ruled for the challengers in a second case.
In a consolidated appeal in the two cases, the United States Court of Appeals for the Second Circuit, in New York, refused to block the requirement.
The Coronavirus Pandemic: Key Things to Know
Card 1 of 5U.S. nears 800,000 Covid deaths. The United States is on the cusp of surpassing 800,000 deaths from the virus, and no group has suffered more than older Americans. Seventy-five percent of people who have died in the U.S. have been 65 or older. One in 100 older Americans has died from the virus.
The Omicron variant. The latest Covid-19 variant, which has been detected in dozens of countries, seems to dull the power of the Pfizer vaccine, but the company said its boosters offer significant protection. Omicron appears to spread rapidly, though it may be less severe than other forms of the virus.
A new wave worries Britain. With cases of the Omicron variant doubling every three days and the government introducing new restrictions, Prime Minister Boris Johnson said that the country’s vaccine booster program would be accelerated to offer all eligible adults a booster shot by the end of this year.
Vaccine mandates in Europe. The latest wave of the pandemic is prompting countries like Germany and Italy to impose restrictions that single out those who are not vaccinated. The measures are rekindling the debate over governments’ right to curtail individual liberties in the name of public health.
Boosters in the U.S. The F.D.A. authorized Pfizer to provide boosters to 16- and 17-year olds on an emergency basis, six months after receiving their second dose of the vaccine. The C.D.C. promptly signed off on the move. Pfizer recently said that a booster shot of its vaccine offers significant protection against Omicron.
“Faced with an especially contagious variant of the virus in the midst of a pandemic that has now claimed the lives of over 750,000 in the United States and some 55,000 in New York, the state decided as an emergency measure to require vaccination for all employees at health care facilities who might become infected and expose others to the virus, to the extent they can be safely vaccinated,” a unanimous three-judge panel of the appeals court wrote in an unsigned opinion. “This was a reasonable exercise of the State’s power to enact rules to protect the public health.”
In an emergency application asking the Supreme Court to intercede, the health care workers’ lawyers wrote that the requirement “imposes an unconscionable choice on New York health care workers: abandon their faith or lose their careers and their best means to provide for their families.”
Barbara D. Underwood, New York’s solicitor general, responded that the state does not allow a religious exemption for its longstanding requirements for measles and rubella. The medical exemption for vaccination requirement, she added, “is tightly constrained in both scope and duration,” making very few people eligible for it.