Charting the Legality of Religious-based Exemptions to COVID-19 Vaccinations

Hodge JG, Carey E. Charting the legality of religious-based exemptions to COVID-19 vaccinations. Berkley Forum. 2021; (online February 16).

4 Pages Posted: 31 Mar 2021

See all articles by James G. Hodge

James G. Hodge

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Emily Carey

Arizona State University (ASU), Sandra Day O'Connor College of Law

Date Written: March 31, 2021

Abstract

With the flow of COVID-19 vaccines accelerating across the U.S., assuring rapid, equitable access to vaccines presupposes that every American can and wants to be vaccinated. Some populations (children and immuno-compromised persons, for example) are ineligible or unfit candidates. Others may resist vaccinations for additional reasons. Fueled by misinformation, extensive government distrust, and divergent political ideologies, vaccine hesitancy runs rampant. National guidelines do not mandate COVID-19 vaccinations among specific groups, but state/local-based requirements are possible. Some private health care employers are already requiring vaccines among employees and volunteers. Other mandates may surface as immunization increasingly becomes one’s active pass to work, travel, or attend public activities. The national push to vaccinate coupled with rising mandates may lead many Americans to claim potential violations of religious freedoms absent accommodations. The legality of religious exemptions from vaccinations is explored further in this commentary.

Keywords: COVID-19, vaccination, vaccine, legal, exemptions, religious, First Amendment, Supreme Court, free exercise, mandate, hesitancy

Suggested Citation

Hodge, James G. and Carey, Emily, Charting the Legality of Religious-based Exemptions to COVID-19 Vaccinations (March 31, 2021). Hodge JG, Carey E. Charting the legality of religious-based exemptions to COVID-19 vaccinations. Berkley Forum. 2021; (online February 16). , Available at SSRN: https://ssrn.com/abstract=3816538 or http://dx.doi.org/10.2139/ssrn.3816538

James G. Hodge (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Sandra Day O'Connor College of Law
111 E. Taylor Street, MC 9520
Phoenix, AZ 85004-4467
United States
480-727-8576 (Phone)

HOME PAGE: http://https://law.asu.edu/degree-programs/public-health-law-policy

Emily Carey

Arizona State University (ASU), Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
147
Abstract Views
844
rank
271,573
PlumX Metrics