Lawsuits will follow if Missouri citizens are forced to take a COVID-19 vaccine, according to an attorney who recently argued before a federal appeals court on behalf of parents opposed to their children being vaccinated.
Linus Baker, representing parents objecting on religious grounds, warned of a backlash if people are denied employment, benefits, or the ability to travel without vaccination.
"This is where the rubber meets the road, this (his case) about children but Covid will affect adults," says Baker. "This is a precursor to Covid-19 suits."
The attorney represents parents objecting to what they describe as unconstitutional hurdles to overcome prior to receiving a religious exemption.
A U.S. District Court threw out the suit, with the judge finding that courts have for years recognized vaccine requirements, and the ability of the state to advocate for their use. This failure prompting an appeal to the Eighth Circuit. Oral arguments were held last week.
On the potential for COVID-linked suits, Baker suggests there will be actions if people are told they cannot work, travel, or claim benefits unless they are vaccinated.
"Do I think they wll happen, you bet they will," he adds before citing a recent NPR poll that stated 38 percent of people say they would get the vaccine, 27 people might but want to wait and see, and the rest answering that they will not.
Baker's clients, which include his own children and grandchildren, are against the vaccinations that are currently required under Missouri state law, including MMR.
One of the complaints is that those claiming religious exemption have to pick up forms from the Department of Health and Senior Services (DHSS).
The form has a "pro-vaccine message" at the top and applicants are "interrogated," Baker argues. Plaintiffs believe this amounts to applicants being forced to declare their religion to health officials, which, it is claimed, amounts to compelled speech.
“This is a hybrid rights case,” Baker told the three-judge appeals court, according to a report in Courthouse News.
"It has many fundamental rights. These parents cannot raise these children the way they want, they cannot provide informed consent, the children’s bodily integrity is violated. The parents have to violate their own religious beliefs, and they have to speak, they have to communicate, and all that together says that neutral generally acceptable law does not apply.”
The parents claim violations of religious rights, free speech, the children’s due process rights to bodily integrity, their right to parental consent, equal protection, and the right to an education.
Missouri Deputy Solicitor General Jesus Osete, representing the defendants, told the panel that filling out the religious exemption Form 11 is done regularly.
“In terms of them having to do this every year or every school year, [filling out Form 11] is one time per child,” Osete said.
Defendants in the case are DHSS director Randall W. Williams, Attorney General Eric Schmitt, Kansas City Health Director Dr. Rex Archer, Jackson County Health Director Bridgette Casey and two school districts.