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New York must allow religious exemptions to vaccine mandate, judge rules

Posted on 10/12/21 at 10:51 am
Posted by Bamatab
Member since Jan 2013
15108 posts
Posted on 10/12/21 at 10:51 am
quote:

U.S. Northern District Justice David Hurd of Utica granted a preliminary injunction temporarily barring New York state and employers from enforcing the COVID-19 vaccine mandate against medical workers claiming a legitimate religious exemption.


quote:

Many of the medical workers who had claimed religious exemptions had been placed on suspensions pending the outcome of the court battle. These workers, potentially numbering in the thousands, could now return to jobs as some hospitals and nursing homes face staffing shortages.


LINK
Posted by Seuqnoc
Lafayette
Member since Jul 2020
562 posts
Posted on 10/12/21 at 10:54 am to
And they should be entitled to lost wages too.
Posted by Bamatab
Member since Jan 2013
15108 posts
Posted on 10/12/21 at 11:00 am to
I'm not sure if the suspensions were with or without pay, but if they were without pay then I totally agree with you. But if that is the case, then I'm guessing those workers would have to file a separate suit in order to get their lost wages...unfortunately.
Posted by brett408
Member since Jan 2005
2426 posts
Posted on 10/12/21 at 11:04 am to
What is a legitimate religious exemption?

If I decided to start my own religion where I worship my car and a key belief of my religion is that vaccines are forbidden, than I should qualify for an exemption.

The government has zero authority to decide what is and is not a legitimate religion.

Mormonism, Islam, Buddhism, etc are not true religions from a Christian perspective, but the government would call them legitimate.
Posted by sodcutterjones
Member since May 2018
1240 posts
Posted on 10/12/21 at 11:07 am to
quote:

What is a legitimate religious exemption?


I'm gonna go with fetal tissue/cells used in the creation of the vaccine; in other words, I'm pro-life and baby murder is an abomination to God, right?
Posted by brett408
Member since Jan 2005
2426 posts
Posted on 10/12/21 at 11:11 am to
quote:


I'm gonna go with fetal tissue/cells used in the creation of the vaccine; in other words, I'm pro-life and baby murder is an abomination to God, right?


Sure. That is one, but in reality, the government has zero standing in questioning anything I believe could constitute a religious exemption. If I wouldn’t want the vaccine due to the fact that the companies have vowels in their names, and my religion bans vowels, that should be good enough.

The government has ZERO authority to question anything that I believe is a religion per the 1st Amendment.

In fact, the government can get fricked.
This post was edited on 10/12/21 at 11:33 am
Posted by Bamatab
Member since Jan 2013
15108 posts
Posted on 10/12/21 at 11:13 am to
quote:

I'm gonna go with fetal tissue/cells used in the creation of the vaccine; in other words, I'm pro-life and baby murder is an abomination to God, right?

Well, you better be prepared to tell them that you don't use basically any over the counter medication like Tylenol, Pepto Bismol, Ibuprofen, Tums, Maalox, Benadryl, Sudafed, and a number of other common medications. They all used fetal cells in a similar manner.

I think it is best to just stick with personal belief type of arguments.
Posted by thejudge
Westlake, LA
Member since Sep 2009
14032 posts
Posted on 10/12/21 at 11:17 am to
Watching a priest during his homily the other day state explicitly that you have a right to informed conscience.

A right to decide if something is injected into you. Supported by the Catechism of the Catholic Church.

Plenty of supporting documentation.

Posted by saints5021
Louisiana
Member since Jul 2010
17406 posts
Posted on 10/12/21 at 11:23 am to
exactly, who the frick is the Government to decide if my religious reasons are valid or not?
Posted by loogaroo
Welsh
Member since Dec 2005
30225 posts
Posted on 10/12/21 at 11:25 am to
This is a start.
Posted by the808bass
The Lou
Member since Oct 2012
111489 posts
Posted on 10/12/21 at 12:06 pm to
quote:

The government has zero authority to decide what is and is not a legitimate religion.


Yeap.
Posted by STEVED00
Member since May 2007
22362 posts
Posted on 10/12/21 at 12:22 pm to
It is tied to religious beliefs and not a specific religion. Just FYI.
Posted by STEVED00
Member since May 2007
22362 posts
Posted on 10/12/21 at 12:24 pm to
quote:


Well, you better be prepared to tell them that you don't use basically any over the counter medication like Tylenol, Pepto Bismol, Ibuprofen, Tums, Maalox, Benadryl, Sudafed, and a number of other common medications. They all used fetal cells in a similar manner.

I think it is best to just stick with personal belief type of arguments.


Why not both?
Posted by CleverUserName
Member since Oct 2016
12489 posts
Posted on 10/12/21 at 12:57 pm to
quote:

If I decided to start my own religion where I worship my car


You never met a Tesla owner have you?
Posted by mattgr1983
Austin, Tx
Member since Oct 2012
2434 posts
Posted on 10/12/21 at 12:59 pm to
If law can have a “religious exemption”, it shouldn’t be a law at all.
Posted by Cowboyfan89
Member since Sep 2015
12699 posts
Posted on 10/12/21 at 1:03 pm to
quote:

The government has ZERO authority to question anything that I believe is a religion per the 1st Amendment.

Unfortunately, that's not entirely true. They can't question whether it's a valid or correct religious belief, but they can question whether it's genuine. They can ask you why you believe that, and how it affects your decisions in life.

quote:

An employer CAN question the employee’s belief to find out if they are SINCERE, meaning they’re not merely using religion as a basis for their request just to avoid the COVID shots. The employer can ask WHAT they believe, WHY they believe it, HOW it affects their life decisions and their decision regarding the COVID shots. An employer CANNOT question the validity or correctness of religious beliefs. The employer CANNOT ask why the employee is interpreting a Scripture in a particular way, or why the employee objects to the COVID shot when others in their church or religious order either have no position or even support the shots.

Liberty Council
Posted by brett408
Member since Jan 2005
2426 posts
Posted on 10/12/21 at 1:25 pm to
quote:

Unfortunately, that's not entirely true. They can't question whether it's a valid or correct religious belief, but they can question whether it's genuine. They can ask you why you believe that, and how it affects your decisions in life.


I disagree. No one can determine whether or not you are sincere in your beliefs. That is absolute horseshite. Again, there are a ton of religions that are complete nonsense and are in no way based in reality. They are religions nonetheless.

This is exactly why the founders wrote religious freedom into the Bill of Rights.
Posted by Bamatab
Member since Jan 2013
15108 posts
Posted on 10/12/21 at 1:27 pm to
quote:

Why not both?

If you are planning to tell them that you don't take any over the counter medicine or any of the other medications that have used fetal cells in the same manner, then you can use both.

For me personally I'm not planning on lying in the name of God. I plan on telling them that I have prayed long and hard over this (which I have), and that the Lord has answered in a manner that makes me feel that I can't take the vaccine (which is true). And then if needed I will quote scriptures that back up that God answers prayers and that it is God that wounds and heals, kills and makes alive. And thus if the Lord is answering my prayers in a manner that makes me believe that I shouldn't take the vaccine, then it is my religious belief that I cannot take it.
Posted by brett408
Member since Jan 2005
2426 posts
Posted on 10/12/21 at 1:30 pm to
quote:

For me personally I'm not planning on lying in the name of God. I plan on telling them that I have prayed long and hard over this (which I have), and that the Lord has answered in a manner that makes me feel that I can't take the vaccine (which is true). And then if needed I will quote scriptures that back up that God answers prayers and that it is God that wounds and heals, kills and makes alive. And thus if the Lord is answering my prayers in a manner that makes me believe that I shouldn't take the vaccine, then it is my religious belief that I cannot take it.


and that would be a completely legitimate reason for an exemption. Of course, liberal hypocrites would say that you are crazy for speaking with God.
Posted by Cowboyfan89
Member since Sep 2015
12699 posts
Posted on 10/12/21 at 1:31 pm to
quote:

I disagree.

That's fine. I'm just relaying what lawyers are saying that specialize in these types of matters.

You don't think these companies and agencies know this stuff when putting together RA request requirements?

You can say you are against abortions and won't take a shot that was developed through the use of aborted fetal cells, but if you use any of dozens of different medications (like Tylenol), you're either ignorant of all the other stuff you take (which calls into question how serious you are if you aren't researching everything you put in your body), or you are lying (which invalidates it then and there).

If you have been openly vocal about opposing the vaccine for political reasons (I know people that have foolishly been this way), and then request an exemption on religious grounds, you don't think your employer has a right to deny that?
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