A federal judge has knocked down New York’s vaccine mandate for healthcare workers that took a religious exemption off the table.
That means employers in the state are no longer required to deny employment to healthcare workers who claim religious exemptions.
The mandate required most medical workers in New York to get their first COVID-19 vaccine dose by September 27th or lose their jobs.
Many of those who did not were placed on suspension while the whole religious exemption concept was being decided.
Those healthcare workers could now be back on the job--especially at hospitals and nursing homes that are facing short staffing issues.
Assembly member Mary Beth Walsh--who is herself an attorney--says she always felt the New York mandate was problematic.
Our legal expert Paul DerOhannesian tells me this is far from a done deal. And he cites the court ruling two years ago that upheld New York’s mandatory measles vaccination as a precedent.
He tells me, “a judge pointed out a fireman is allowed to put out a fire even if the homeowner doesn’t want him to—that’s public safety. So, I think there’s still a ways to go whether religious exemption--even if it exists--can be applied by health care workers.”
Assembly Member Mary Beth Walsh adds, “I was troubled from the beginning that they had not accounted for legitimate religious concerns about the vaccine, so I’m supportive of that judge's decision."
DerOhannesian points out that religious exemptions have been part of vaccine mandates for many decades but there’s no constitutional right to them. He says the issue could go all the way to the Supreme Court.
Governor Hochul made it clear that she’s not backing down. She said: “My responsibility as governor is to protect the people of this state and requiring health care workers to get vaccinated accomplishes that. I stand behind this mandate, and i will fight this decision in court to keep New Yorkers safe."