In B.W.C. v. Williams, (8th Cir., March 5, 2021), the U.S. 8th Circuit Court of Appeals rejected free speech, free exercise, equal protection and hybrid rights challenges by parents and their children to the form they must file in Missouri to obtain a religious exemption from vaccination requirements. The form, which the parent must sign, contains a paragraph urging parents to immunize their child. The court said in part:
Form 11 states the government’s position, separated from the religious opt-out. Unlike a student required to recite the Pledge or a motorist required to display the state’s motto, there is no confusion here: it is the government’s message to parents considering Form 11....
Form 11 does not require the plaintiffs to engage in conduct against their religious beliefs. Plaintiffs object to the process of producing vaccines or introducing vaccines into their children’s bodies.... [S]ubmission of Form 11 does not increase the number of vaccines produced or force their children to get immunized....
Form 11 does not target religious believers or violate their right to equal protection. The defendants do not treat the plaintiffs differently than any other parent requesting an exemption from immunization: they were all required to submit a DHSS form to their school.
Courthouse News Service reports on the decision.
