California Parents Take Legal Battle Over Religious Vaccine Exemptions To Ninth Circuit Court Of Appeals
MURRIETA, Calif. — A legal battle over California’s ban on religious vaccine exemptions is heading to the Ninth Circuit Court of Appeals. On Friday, August 8, Advocates for Faith & Freedom filed its opening brief on behalf of four California mothers and their families, seeking to restore religious exemptions to the state’s vaccination law.
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For decades, California allowed parents to opt their children out of required vaccinations based on personal beliefs, which included religious objections. That changed in 2016, when Senate Bill 277 eliminated all personal belief exemptions — effectively ending religious exemptions as well.
While the law blocks religious exemptions, it still provides a range of secular exemptions. These include students with medical exemptions, those over 18, students with Individualized Education Plans (IEPs), and certain groups such as military families, foster children, and students experiencing homelessness. Temporary exemptions are also available for students transferring schools.
Erin Mersino, Vice President of Advocates for Faith & Freedom, argued that the disparity raises constitutional concerns.
“Before the State is allowed to ban schoolchildren from all public and private schools in California, it must demonstrate that doing so is necessary,” Mersino said. “It is hard to prove necessity to single out religious exemptions for extinction, however, when the State allows so many secular exemptions which seemingly pose the same harm.”
Robert Tyler, the organization’s President and Chief Counsel, said the case is about more than vaccines — it’s about protecting fundamental freedoms.
“Our First Amendment liberties must be protected with vigilance,” Tyler said. “We are honored to take this fight to the Ninth Circuit Court of Appeals on behalf of our courageous clients.”
If the Ninth Circuit rules in favor of the plaintiffs, it could reopen the door for religious exemptions to school vaccine requirements in California, a state known for some of the strictest vaccination laws in the nation.
SB277 and the Vaccine Exemption Debate
California’s SB277 was passed in 2015 following a measles outbreak allegedly linked to Disneyland, which drew national attention. The law took effect in July 2016, removing the ability of parents to opt their children out of vaccines for personal or religious reasons.
The legislation was one of the strictest in the nation, placing California alongside only a handful of states with no religious or philosophical exemptions. Supporters argued it was necessary to protect public health and prevent disease outbreaks.
Opponents have challenged the law in court several times since its passage, but most legal challenges have failed. The current case by Advocates for Faith & Freedom focuses on the state’s decision to allow multiple secular exemptions — such as for certain medical or social situations — while refusing to recognize religious objections.
