In Royce v. Pan, (SD CA, March 17, 2025), a California federal district court rejected a free exercise challenge to California's removal of the "personal belief" exemption from the state's compulsory school vaccination requirements. The court rejected arguments that the repeal of the exemption evidenced hostility to religion and that the law is not generally applicable because it exempts comparable secular activity. The court said in part:
First, SB 277 did not specifically repeal a religious exemption. Rather, it repealed a general personal belief exemption that was secular and neutral on its face. Repeal of a secular exemption does not demonstrate hostility towards any religion or religious practice. Second, even if SB 277 could be characterized as repealing a religious exemption, repealing a prior religious exemption is not hostile towards religion per se....
Plaintiffs argue that SB 277 is substantially underinclusive and treats secular activity more favorably than religious exercise by eliminating exemptions for religious reasons but permitting secular exemptions that undermine the State’s interest in a similar way..... In particular, Plaintiffs highlight medical exemptions, exemptions for home schooled children and children enrolled in independent student programs, exemptions for students who qualify for IEPs, exemptions for students over 18 years of age, and conditional enrollment for migrant, homeless, foster, and military children.....
The court concluded that none of these exemptions are comparable to a religious exemption and that rational basis review applies because the law is neutral and generally applicable.
