Staff Reports
The fight over religious freedom and school vaccine rules just landed back at the door of the U.S. Supreme Court. A group of New York Amish families and their community schools have asked the Court to take up their challenge again after the 2nd Circuit once more upheld New York’s decision to scrap the religious exemption to school vaccine mandates. This petition is not a small skirmish. It asks the high court to answer big questions about religious liberty and whether states can treat religious beliefs differently from medical exceptions.
New petition heads to the Supreme Court
The petitioners — three Amish schools and several Amish parents — filed a fresh cert petition asking the Court to review Miller v. McDonald after the 2nd Circuit reaffirmed New York’s ban on religious exemptions on remand. They are represented by First Liberty Institute and high-profile counsel including Aaron Siri. The petition argues New York’s 2019 repeal of the religious exemption “has effectively prohibited the practice of the Amish faith” inside the state and that the penalties threaten the very survival of these communities. In short: the Amish say the state is forcing them to either violate their faith or leave.
Legal questions the Court must answer
The petition presses three key questions: whether forcing permanent medical acts contrary to religious teaching violates the Free Exercise Clause; whether a state may bar religious exemptions while keeping medical exemptions; and whether the long-standing rule from Employment Division v. Smith should be reconsidered. These are not academic debates. If the Court takes the case and rules for the petitioners, it could reshape how courts treat religious claims across the nation and push states to allow religious opt-outs again. If the Court refuses, New York’s approach stands in the 2nd Circuit and other states may follow.
Cases on the line
Broader consequences for religious liberty and public policy
This dispute matters to millions beyond the Amish. Plenty of parents and faith groups worry that removing religious carve-outs while keeping medical exceptions gives the state a way to favor secular claims over sincere belief. On the other side, public-health officials argue uniform vaccine rules protect kids and communities. Both sides frame their case as protecting children, but the constitutional question is whether the state may single out religion for stricter treatment. A Supreme Court ruling for the Amish could force states to rethink vaccine laws; a denial would leave health authorities with a stronger hand.
Looking ahead: what to watch
Watch whether the Supreme Court grants review. If the justices take the case, it will be a major test of recent free-exercise rulings and a potential vehicle to revisit Smith. Expect amici from states, medical groups, and religious organizations to line up on both sides. For now, the Amish have put their fate before the nation’s top court. New York’s officials will likely defend the repeal as a public-health necessity. Either way, this fight shows a deep fault line: should government get the last word on what you must do in service of public health, or are there some religious claims the state must respect even when safety is at stake? The Supreme Court will soon have a chance to decide — and the outcome will echo well beyond a few rural farms.
