US District Court Grants TRO Barring New York From Excluding Religious Exemptions For COVID-19 Vaccine Mandate

The TRO was granted as a result of a lawsuit filed on September 13, 2021. The plaintiffs are composed of several medical professionals employed in the State of New York who assert that their sincerely held religious beliefs require them to refuse the COVID-19 vaccine. They allege that the vaccine mandate, in its current form, violates the First and Fourteenth Amendments, the Supremacy Clause, and the Equal Protection Clause of the US Constitution. The named defendants are New York State Governor Kathy Hochul, New York State Commissioner of Health Dr. Howard A. Zucker, and New York State Attorney General Letitia James.

Next Steps and Takeaway

• The TRO only prevents the DOH from enforcing the vaccine mandate to the extent that it bars consideration or granting of religious exemption requests. Accordingly, healthcare employers must adhere to all remaining requirements of the vaccine mandate. 
• A TRO is only a temporary measure to prevent anticipated harm as the parties litigate the constitutionality of the vaccine mandate. 
• The lawsuit, Dr. A, et al., v. Kathy Hochul, et al., 21-CV-1009 (DNH) (ML), is currently pending in the Northern District of New York. We will continue to monitor this matter closely and accordingly, we advise our clients to adhere to current federal, state, and city laws regarding religious accommodations.