Supreme Court Weighs Religious Vaccine Exemption

Families in states that offer religious exemptions should watch Miller v. McDonald, which could restore the exemption New York repealed.

Updated on Nov. 3, 2026 in Homeschooling

Supreme Court Weighs Religious Vaccine Exemption

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Should states be allowed to require school vaccines without religious exemptions?

The Association of American Physicians and Surgeons has filed an amicus brief backing Amish plaintiffs in Miller v. McDonald (No. 26-438), a case asking the Supreme Court to restore a religious exemption from school vaccine mandates. New York repealed that exemption in 2019, and Amish elementary schools there have been fined more than $100,000 for failing to prove schoolchildren were vaccinated.

Why it matters

The outcome could determine whether families in states that still allow religious exemptions keep that option when choosing schooling and immunization records for their children. Nearly two dozen amicus briefs have now been filed, reflecting how closely the legal and public-health communities are watching the case.

New York's repeal of the religious exemption in 2019 has led to more than $100,000 in fines against Amish elementary schools that could not prove schoolchildren were vaccinated. A coalition of 17 states and the Arizona legislature have filed briefs supporting the Amish plaintiffs.

The players

Association of American Physicians and Surgeons (AAPS)

A physicians' organization representing doctors in all specialties since 1943, which filed the amicus brief supporting the Amish.

The details

The case, Miller v. McDonald (No. 26-438), asks the Supreme Court to restore the religious exemption from school vaccine mandates. The Association of American Physicians and Surgeons, which represents physicians in all specialties and has existed since 1943, filed its brief on Monday in support of the Amish plaintiffs. The AAPS argues that the Amish educational system is central to their faith. New York repealed the exemption through N.Y. Pub. Health Law § 2164, and California and several other states have followed, while most states still allow it.

Timeline

  1. 1943: West Virginia State Bd. of Educ. v. Barnette decided, a precedent in religious liberty cases.

  2. 1972: Wisconsin v. Yoder decided, another precedent involving Amish education.

  3. 2019: New York legislature repealed the religious vaccine exemption.

  4. Monday, November 2, 2026: AAPS filed its amicus brief in Miller v. McDonald.

The Home Front

The case sits within a line of Supreme Court precedent on religious liberty dating to West Virginia State Bd. of Educ. v. Barnette (1943) and Wisconsin v. Yoder (1972). Most states still allow religious exemptions, while New York and California have repealed theirs.

If your family relies on a religious exemption for school immunization requirements, check your state's current rules, since some states have repealed the exemption while most still allow it. Keep your children's immunization records organized and consult a licensed attorney or your school district before making decisions about exemption paperwork.

The takeaway

Religious exemption rules for school vaccine requirements differ sharply from state to state, so the most useful step is to know your own state's rules. Keep immunization and exemption records on file and confirm requirements with your school district before the school year begins.

Further reading

For broader context on how families navigate schooling choices, explore our Homeschooling coverage.

Source note: This article includes information reported by The Manila times.

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Should states be allowed to require school vaccines without religious exemptions?