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10-11-2021, 12:21 AM #1
University must meet strict scrutiny test to force COVID vaccine on athletes
here is the latest.
Appeals Court sides with Christian athletes against Western Michigan University’s COVID shot mandate
October 9, 2021
“The Court of Appeals said because the Kalamazoo-based university offered to consider medical or religious exemptions on a case-by-case basis, the shot mandate was not generally applicable. Under U.S. Supreme Court precedent, the judges wrote, the policy must be held to “strict scrutiny,” meaning denial of religious exemptions must serve “interests of the highest order” and be “narrowly tailored to achieve those interests.”
For those interested in reading the ruling, here is a LINK.
The court states:
"And, like the city in Fulton and the state in Sherbert, the University retains discretion to extend exemptions in whole or in part. For this reason, the policy is not generally applicable. As a result, the University must prove that its decision not to grant religious exemptions to plaintiffs survives strict scrutiny. See Fulton, 141 S. Ct. at 1881."
The bottom line is, the case confirms when a vaccine mandate impinges upon a fundamental right, and that right is asserted, the mandate must pass the strict scrutiny test and it must:
(A) be narrowly tailored to achieve the government’s purpose,
(B) the purpose must be clearly defined and be based upon scientific and logical reasoning,
(C) and, it must use the least restrictive means to achieve the government’s stated purpose.
JWK
The Democrat Party Leadership, once an advocate for hard working American citizens and their families, is now their worst nightmare
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