Rubio Leads Amicus Brief for COVID Religious Exemption

Florida Senator Marco Rubio (R) leads a group of lawmakers including Senator Rick Scott (R) in filing an amicus brief that supports workers who have been denied religious exemption from COVID vaccine mandates in New York. The petition filed by the Becket Fund for Religious Liberty and the Thomas More Society argues for First Amendment rights “over New York’s failure to permit religious exemptions to its COVID-19 vaccine mandate for state and private healthcare employees."

States like New York and California have enforced strict mandates in order to combat COVID-19, and this has drawn the opposition of lawmakers in states such as Florida and Texas. Moreover, the latter states have also engaged in contention with President Joe Biden (D) over his support of stricter COVID responses.

As explained by a press release from Rubio’s office, “after the Second Circuit reversed a district preliminary injunction in favor of the employees, on December 13, 2021, the Supreme Court denied injunctive relief to these employees by a vote of 6-3.” In response, “on February 14, 2022, the employees, represented by counsel from The Becket Fund for Religious Liberty and the Thomas More Society, filed a petition for certiorari asking the Supreme Court to provide full review of the case.”

In their amicus brief, the senators express that “public officials have a duty to safeguard a religious liberty.” Because of this, “allowing New York’s mandate to remain as-is would serve as a dangerous precedent that may invite other authorities, motivated by their zeal to implement the latest public health guidance – or something else in the future – to disregard the fundamental rights of their citizens.”

In the brief, Senator Rubio provides 3 arguments:

1.     Congress has robustly and repeatedly sought to defend religious liberty under the authority of the First Amendment.

2.     New York’s vaccine mandate reflects an intentional effort to undermine Congress’s protection of religious observance and practice in the workplace.

3.     New York has established a roadmap for undermining religious liberty in the workplace. If unchecked, it would set a dangerous precedent for future state and local officials who might be tempted to circumvent Congressional protections of faith.