San Antonio Express-News

Fauci says ‘precious few’ religions prohibit vaccinatio­ns

- By Jon Greenberg

The claim: “There are precious few religions that actually say, you cannot” get vaccinated. “I mean, literally less than a handful.” — Dr. Anthony Fauci, the nation’s top expert on infectious diseases.

Fauci made the statement Oct. 3 on CNN’S “State of the Union.” When host Dana Bash asked about people who said it was a matter of their personal faith, not formal doctrine, Fauci said it would be difficult to sort out who might be using that as an excuse.

Politifact rating: Mostly true. A survey of religious beliefs by Vanderbilt University backs that up. The survey named five religions that stand against vaccinatio­ns, and 24 that accept them.

Fauci acknowledg­ed that assessing a person’s religious beliefs can be complicate­d. The standard for American courts is not a formal stance by a religious organizati­on but whether a person’s belief is genuinely religious and sincere.

Fauci’s statement is correct, but there’s a lot more to unpack.

Discussion

Coronaviru­s vaccine mandates are spreading, and with them, pushback based on religion.

In Washington, D.C., about 1,500 city health care workers are seeking exemptions for religious reasons. Over 2,000 Los Angeles Police Department workers have filed a lawsuit objecting on religious or medical grounds.

Vanderbilt University Medical Center’s review of immunizati­on and religions identified a small subset of Christian faiths that oppose vaccinatio­n on theologica­l grounds. There are five, a group that includes the Dutch Reformed Church, Church of the First Born, Faith Assembly and Endtime Ministries. The Vanderbilt list is largely a topline overview, not a comprehens­ive study of all religions worldwide.

Many people might instantly think of Christian Scientists. While many Christian Scientists rely on prayer for healing, the Christian Science Church offered guidance to its members on vaccines in early 2019. It said that “for more than a century, our denominati­on has counseled respect for public health authoritie­s and conscienti­ous obedience to the laws of the land, including those requiring vaccinatio­n.”

Church leaders impose no decision on church members, but they encourage them to recognize the seriousnes­s of public health concerns.

“Church members are free to make their own choices on all life-decisions, in obedience to the law, including whether or not to vaccinate,” the statement

said.

Protestant faiths, Islam, Roman and Orthodox Catholicis­m, Judaism, Hinduism, Jainism, Buddhism, Jehovah’s Witnesses, and more have no prohibitio­n against vaccinatio­n. The Vanderbilt survey named 24 religions in this group.

As a counting exercise, Fauci’s statement holds up. But formal doctrine doesn’t drive American law. The Constituti­on bars the government from getting involved in the establishm­ent of any religion. That would include judging whether a religion held a formal status. Instead, the courts focus on the individual.

“The standard is the sincerity of the personal belief, not whether you’re part of an organized religion that prohibits vaccines,” said University of California Hastings Law School professor Dorit Rubenstein Reiss.

Like most, if not all, vaccine mandates, the one for Washington, D.C., workers includes an exemption for “sincerely held religious beliefs.”

“The problem, of course, is that it can be difficult to disentangl­e the reasons why someone objects,” said Wendy Parmet, a Northeaste­rn University law professor. “States or employers that reject a requested exemption could be vulnerable to litigation.”

What a court has to decide is whether the belief is religious and whether it is sincere.

“A fervently held personal belief can be religious in nature even if it is not endorsed by any recognized or organized religious group,” said Lindsay Wiley, a law professor at American

University. “But not all personal beliefs are religious in nature.”

Wiley pointed to a 2020 case when an employee at Children’s Hospital of Philadelph­ia refused to get a flu vaccine. She was fired and then she sued, saying she had been discrimina­ted against for her religion. The Third Circuit U.S. Court of Appeals didn’t buy it.

In terms of religion, the court wrote that it was looking for beliefs that “address fundamenta­l and ultimate questions having to do with deep and imponderab­le matters,” and “are comprehens­ive in nature.”

The court said the employee had given inconsiste­nt reasons, at one point having said that she thought the vaccine would do more harm than good. That, the court said, was a medical, not religious, belief.

Courts might judge present religious sincerity based on past behavior.

“It’s relevant if the person has never refused vaccines in the past,” said Michelle Mello, a law professor at Stanford University.

A history of opposing mask mandates might also weigh against a claim based on religion. A federal court in Pennsylvan­ia ruled against a woman who argued that a mask mandate at her child’s school violated her interpreta­tion of the Bible. She said that she believed that “people are made in the image of God and it therefore dishonors God to cover our faces.”

The judge was unpersuade­d about the sincerity of that belief when the woman said she relied on a specific biblical verse, and then was unclear on what the verse said.

For the federal workforce, a group of managers from various agencies developed a questionna­ire for federal employees seeking a religious exemption. It aligns very closely with the way courts have assessed religious belief and sincerity.

The template asks employees to explain how getting vaccinated would “substantia­lly burden your religious exercise.” It asks how long they have held the specific belief, and whether, as an adult, they have been vaccinated before to prevent such diseases as tetanus or flu. If their religious objection is to the COVID-19 vaccine in particular, the questionna­ire asks why this vaccine is different.

The U.S. Supreme Court issued a relevant ruling in February.

In striking down California’s limits on religious gatherings, the majority wrote that the state “has not shown that ‘public health would be imperiled’ by employing less restrictiv­e measures.”

“Ordinarily, an epidemic would justify restrictio­ns that burdened religious beliefs somewhat, but the current majority of Supreme Court justices seem to be indicating that there are almost always accommodat­ions that the government can give to religious practices,” said Wendy Mariner, a Boston University law professor.

 ?? ?? Dr. Anthony Fauci says it’s difficult to sort out people using religion as an excuse to avoid vaccinatio­n.
Dr. Anthony Fauci says it’s difficult to sort out people using religion as an excuse to avoid vaccinatio­n.

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