The order granted Sept. 14 freezes enforcement of the state mandate’s prohibition of religious exemptions as part of a case brought by 17 medical workers against the state. It only applies to healthcare workers claiming religious exemptions.
In addition to extending the order, Mr. Hurd also canceled a hearing scheduled for Sept. 28 in the medical workers’ case, WHEC reported.
The workers, including physicians, nurses, a medical technician and a physician’s liaison, filed a lawsuit Sept. 13 under pseudonyms, accusing state officials of attempting to nullify protections for sincere religious beliefs granted under Title VII of the Civil Rights Act of 1964. They also allege the state’s mandate violates the Free Exercise Clause of the Constitution by subjecting people who have conscientious religious objections to the vaccine to losing their jobs.
On Aug. 16, Gov. Andrew Cuomo announced a requirement that staff at hospitals, nursing homes and other long-term care facilities get their first COVID-19 vaccine dose by Sept. 27, with limited exceptions for workers with religious or medical reasons. The state’s public health and health planning council, under current Gov. Kathy Hochul, subsequently approved emergency regulations Aug. 26, which supersede the previously announced requirement and exclude religious exemptions.
The healthcare workers suing the state seek a preliminary injunction — and ultimately a permanent and final injunction — against the vaccine mandate’s prohibition of religious exemptions.
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