The US Court of Appeals for the Second Circuit Friday affirmed in part a dismissal of a challenge to Public Act 21-6, Connecticut’s repeal of religious exemptions from state immunization requirements for “schoolchildren, college and university students, and childcare participants.” The case is an appeal from the US District Court for the District of Connecticut.

Circuit Judge Denny Chin authored the majority opinion of the court. Chin ruled that the plaintiff’s First Amendment Free Exercise Clause challenge to the law failed because the law is neutral and satisfies rational basis review. Chin found that the law’s legislative history does not contain “hostility” to religious believers. Additionally, Chin observed that the law was not substantially underinclusive and, therefore, was neutral and generally applicable. The majority also affirmed the dismissal of the plaintiff’s medical freedom and privacy claims and their equal protection claims. Chin also concluded that “religious and medical exemptions are not comparable in reference to the State’s interest in the health and safety of Connecticut’s children and the broader public.”

Under rational basis review, a court will uphold the law as constitutional if the government has a legitimate interest in enacting the statute and the law is rationally related to that interest. The court noted that, under this standard, legislation has a “strong presumption of validity.” Additionally, the court observed that laws survive rational basis so long as some conceivable legitimate purpose could have supported passing the law.

Circuit Judge Joseph F. Bianco concurred in part and dissented in part. Bianco disagreed with the majority and asserts that the plaintiffs had a “plausible” claim in their First Amendment challenge. Bianco argues that the plaintiff’s claim that the law’s review should be strict scrutiny rather than rational basis, should survive summary judgment and be remanded for further proceedings.

In response to the ruling, Connecticut District Attorney William Tong stated:

This decision is a full and resounding affirmation of the constitutionality and legality of Connecticut’s vaccine requirements. Vaccines save lives—this is a fact beyond dispute. The legislature acted responsibly and well within its authority to protect the health of Connecticut families and stop the spread of preventable disease. We will continue to vigorously defend our state’s strong and necessary public health laws.