State of Connecticut Office of the Attorney General

30/07/2024 | Press release | Distributed by Public on 30/07/2024 20:40

Attorney General Tong Statement on Connecticut Supreme Court Decision Partially Dismissing Challenge to Connecticut School Vaccine Requirements

Press Releases

07/30/2024

Attorney General Tong Statement on Connecticut Supreme Court Decision Partially Dismissing Challenge to Connecticut School Vaccine Requirements

(Hartford, CT) - Attorney General William Tong released the following statement today regarding the Connecticut Supreme Court decision in Spillane v. Lamont partially dismissing a state court challenge to Connecticut's school vaccine requirements.

The Connecticut Supreme Court today granted the State's motion to dismiss five out of six counts in the case. This was an intermediate procedural decision. School vaccine requirements remain in effect, and the Office of the Attorney General will continue to defend Public Act 21-6.

Connecticut law requires students receive certain immunizations before enrolling in school. Prior to 2021, students could apply for medical or religious exemptions to that requirement. P.A. 21-6 eliminated the religious exemption, while grandfathering students in kindergarten through grade twelve who had already received such exemptions.

"Vaccines save lives, school vaccine requirements remain in effect, and we are very confident in our position. This merely dismisses most aspects of the challenge while allowing plaintiffs to continue to press one remaining part of their case in state court, where we will aggressively defend the state's necessary and lawful actions to protect public health," said Attorney General Tong.

Plaintiffs in this state court challenge alleged that the elimination of the religious exemption violated the Connecticut and U.S. Constitutions and Connecticut's Religious Freedom and Restoration Act. Today, the Connecticut Supreme Court rejected all of plaintiffs' claims under the Connecticut and U.S. Constitutions. On remand the Superior Court will review further the plaintiffs' claims made pursuant to Connecticut's Religious Freedom and Restoration Act.

This is separate from the federal challenge filed by We the Patriots USA, Inc., which has been largely dismissed by both the District Court and U.S. Circuit Court of Appeals for the Second Circuit. The U.S. Supreme Court has declined to hear their case. Only one part of that case now remains active, involving a single plaintiff's claim based on the Individuals with Disabilities Education Act (IDEA). The Office of the Attorney General is confident that the IDEA claim will be dismissed by the District Court on remand.
Twitter: @AGWilliamTongFacebook: CT Attorney General

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