In Thoms v. Maricopa County Community College District,(D AZ, Nov. 5, 2021), an Arizona federal district court granted a preliminary injunction to two nursing students who sought religious exemptions from the COVID vaccination requirement they faced in order to complete their 3-day clinical rotation. Originally the school required all students to comply with the placement requirements of its most stringent clinical partner, but later modified this for students doing their rotation at a clinic that had less stringent standards. However this did not help plaintiffs since their clinic required universal vaccination with no religious exemptions. The court held that under Arizona's Free Exercise of Religion Act, the school had not shown that it met the compelling interest/ least restrictive means test. It undermined its interest in preventing the spread of COVID by allowing religious exemptions when students were assigned to rotations at clinics which did not mandate vaccination. It also had options such as simulated clinical experiences that could be offered as accommodations. The court applied a similar strict scrutiny analysis to plaintiffs' 1st Amendment free exercise claim, finding that the school's policy is not a generally applicable one since in at least one case the school provided an alternative to in-person clinicals.
