A group of parents is challenging New York State’s vaccine mandate, arguing that it violates their religious and parental rights. The lawsuit names Dr. James V. McDonald, the commissioner of health for New York State, as the defendant.
The plaintiffs, including several families identified by pseudonyms, argue that New York’s vaccine policies violate the First and Fourteenth Amendments by prohibiting religious exemptions for school attendance. The complaint follows a Supreme Court decision in Miller v. McDonald, which vacated a prior Second Circuit ruling that had rejected parents’ claims for religious accommodation under rational basis review. The Supreme Court remanded the case for reconsideration in light of Mahmoud v. Taylor.
According to the complaint, New York’s current policy does not permit religious exemptions from its childhood vaccination schedule, requiring parents to choose between adherence to their religious beliefs and their children’s access to education. The plaintiffs argue the policy is not narrowly tailored and contrast it with approaches in other states that allow exemptions while addressing communicable disease concerns.
The lawsuit also alleges that state officials have overridden medical judgments made by licensed physicians regarding vaccine exemptions. As a result, the complaint states that children such as Raphael Goe and Betsy Roe face removal from school after medical exemptions were revoked despite documented health concerns.
The plaintiffs are seeking a temporary restraining order and a preliminary injunction, arguing that the policy causes ongoing harm by placing pressure on their religious beliefs and disrupting their children’s education.
The plaintiff is represented by attorneys of Gibson Law Firm PLLC. The case was filed in the United States District Court for the Eastern District of New York under Case No. 25-6846.