On August 23, the United States Court of Appeals for the Sixth Circuit weighed in on the constitutionality of mask mandates lacking a religious exemption. A Michigan school challenged the mandate in place by the state’s Department of Health and Human Services, stating the order was a violation of their free exercise of religion, equal protection, and substantive due process rights. A school official said the K-5 mask mandate violated the school’s sincerely held religious beliefs by preventing students from participating fully in their Catholic education.
In a 2-1 decision, the court affirmed the district court’s opinion that mask mandates that did not include an exemption for religious beliefs was not in violation of the Free Exercise of Religion Clause, noting it was subject to the rational basis test. The judge ruled the state order was not motivated by hostility to any specific faith and that it was neutral because it applied to all schools. Further, Defendants did not challenge the sincerity of the religious objection to the mandate, thereby simplifying the court’s analysis.
The rational basis is the least burdensome test and to prevail the governmental entity need only show some rational relation to a legitimate state interest. In contrast, the court could have applied “intermediate scrutiny” which would have required the government to show an important interest. The final option would have been to require “strict scrutiny” which requires the highest burden, a compelling state interest. In short, the court established that mask mandates need only clear the shortest and easiest to clear the hurdle.
What does this mean for your district?
Resurrection School v. Hertel serves as a roadmap for combatting religious exemption challenges to mask mandates. Such mandates should be examined to ensure neutrality and general applicability. Other nonreligious exemptions, such as medical exemptions should be narrow and discreet. Please contact one of the attorneys on the Ennis Britton team if you have questions about this case or mask mandates.