Amish vaccine exemption fight: 2nd Circuit upholds NY religious ban
United States Church State and Religious Liberty Watch — The U.S. Court of Appeals for the Second Circuit upheld New York’s decision to remove a religious-beliefs exemption from school vaccination requirements, reaffirming that Amish parents and Amish community schools cannot win a free-exercise-based religious exemption through this litigation.
In Miller v. McDonald, the court decided June 30, 2026, after the U.S. Supreme Court previously vacated the Second Circuit’s earlier judgment and sent the case back to be reconsidered in light of Mahmoud v. Taylor.
What New York changed
New York Public Health Law requires children to be immunized for specified diseases in order to attend school for more than fourteen days, with an exemption available only for qualifying medical reasons.
Before 2019, New York also allowed a religious-beliefs exemption. The legislature repealed that religious exemption in 2019, while keeping the medical exemption.
Who challenged the rule
The lawsuit came from Amish parents and leaders tied to three Amish community schools in New York — Dygert Road School, Pleasant View School (also known as Twin Mountain School), and Shady Lane School — along with an elected representative for Amish schools in New York.
The case was brought under 42 U.S.C. § 1983, challenging New York’s enforcement of the no-religious-exemption vaccine requirement as violating the Free Exercise Clause and parental free-exercise interests recognized in Wisconsin v. Yoder.
The legal battleground: Free Exercise, Mahmoud, and “same character”
The Second Circuit treated New York’s vaccination requirement as neutral and generally applicable — meaning it generally can be reviewed under rational-basis principles in a free-exercise dispute.
The plaintiffs’ key argument was different: they argued their claim should trigger strict scrutiny under Wisconsin v. Yoder, as clarified by Mahmoud v. Taylor.
Under the court’s reading of Mahmoud, strict scrutiny turns on whether the burden is “of the same character” as the kind of religious-development interference at issue in Yoder. The panel concluded New York’s vaccination requirement is not the same kind of burden.
Why Wisconsin v. Yoder didn’t control
The court acknowledged Yoder and treated the Amish parental-rights argument seriously, but held that the vaccination mandate functions as a public-health condition on school attendance.
In other words, the court said the rule does not resemble the educational/upbringing interference that Mahmoud uses to explain when a free-exercise claim can require heightened review.
What changes for families and schools now
For Amish families and Amish community schools operating under New York’s school vaccination law within the Second Circuit, this decision leaves a religious-exemption pathway blocked in the context presented by Miller v. McDonald.
Practically, that means families have to plan around what the law still provides — particularly medical exemptions — while watching for any future legal developments that might change how courts apply Mahmoud to vaccination-and-school-attendance disputes.
What to watch next
Keep an eye on whether the plaintiffs pursue further review (including the possibility of a Supreme Court petition). Also watch how other courts — outside the Second Circuit — apply the Mahmoud “same character” framework when free-exercise challengers argue they should get strict scrutiny for religious vaccine exemptions.
Sources
- Second Circuit opinion: Miller v. McDonald (June 30, 2026)
- Bloomberg Law: coverage of the ruling’s practical implications
Look for updates to this story
Discover more from Interactive News
Subscribe to get the latest posts sent to your email.
