Religious exemptions for vaccine mandates can be easily denied: lawyer
Posted October 13, 2021 7:11 am.
Last Updated October 13, 2021 9:21 pm.
CALGARY – An American lawyer who has backed religious freedoms, winning big cases at the supreme court, says trying to get a religious exemption to vaccine mandates is a losing battle.
Douglas Laycock successfully fought for a baker who refused to create a cake for a gay couple and for a business that wouldn’t cover emergency contraceptives for employees.
But he says those claiming religious exemptions to COVID-19 vaccine mandates could easily be denied.
“Constitutional rights are subject to potential exceptions or overrides by what the supreme court calls a compelling government interest. And endangering the physical safety of other people is sort of the classic government compelling interest. That one always counts,” said the University of Virginia law professor.
“These people are not just endangering themselves, they’re endangering everyone around them. And they have no right to do that.”
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The United States, like Canada, has had to refuse people healthcare while unvaccinated COVID patients overwhelm the system.
Canada’s laws also leave little room for the religious exemption argument.
“I think it would be a very difficult case to make. Somebody would have to, initially, come forward and say, ‘I have a sincere spiritual belief that getting a vaccination is wrong or objectionable,'” offered Richard Moon, professor of law at the University of Windsor.
Not to mention, leaders in the biggest religious institutions in North America have endorsed vaccines.
“Most claims to the religious exemption to vaccination have been phony,” added Laycock.
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He points to research published in the Hastings Law Journal that shows most people who claim religious exemptions are against vaccines for personal reasons.
Despite this, many institutions and organizations are allowing employees to apply for a religious exemption, like the Calgary Catholic School District.
The City of Calgary’s mandate also leaves the door open to religious exemption applications.
“Sometimes people are just looking to avoid the burden of complaint or litigation,” said Moon.
