- Joined
- Aug 8, 2021
OK, sorry to PL so much in a thread I haven't posted or contributed to in months, but at the risk of being thread muted I'd like my fellow kiwi's opinion on my religious exemption statement.
God has accorded man free will, thus it is every man’s duty to act in a moral and just manner. Through my personal communion with Christ I have established a moral and ethical code that if violated while still in full capacity of my conscience would constitute a sin. While I practice my sincere faith independently I was raised Catholic, and thus much of my moral and ethical precepts derive their origin from the ethical and moral teachings of the catholic faith. Provided below is a statement made by the Congregation for the Doctrine of the Catholic Faith made in december of 2020(Any statements made by such board after or before said date do not inherently conform to my own personal divinely inspired moral and ethical code, I simply quote them for the sake of brevity.).
“Practical reason makes evident that vaccination is not, as a rule, a moral obligation and that, therefore, it must be voluntary.”
As stated above, IT MUST BE VOLUNTARY. I cannot comply with or support any attempts to compel(including monetary penalties, or termination) myself or others to take the covid 19 vaccination(or any other medical procedure), doing so would be an ethical and moral violation of my personally held religious creed.
Required preamble -- I am not your lawyer, and this post doesn't create an attorney-client relationship between you and I. The contents of this post are merely legal information and do not constitute legal advice. If you require actual legal advice, this is the one and only piece I can legally give you -- consult an attorney licensed to practice in your own jurisdiction, wherever that is.
Here's some links and a PDF you might find useful, assuming you're in the USA.
First, here's the EEOC's own guidelines on religious rights in the workplace, which is handy because it covers some key points in determining what is rises to the level of a legally-protected religious belief. I recommend paying special attention to the notes on "sincerely held" vs truth/falsity of belief (and the limits on inquiries to determine if your belief is sincere or not), as that is a frequent point of contention.
It also has some notes aimed at EEOC investigators that provide guidance on figuring this stuff out, and a handy list of examples of protected and unprotected beliefs.
Especially useful definition extract below, I color highlighted some especially important points.
A. Definitions
Overview: Religion is very broadly defined for purposes of Title VII. The presence of a deity or deities is not necessary for a religion to receive protection under Title VII. Religious beliefs can include unique beliefs held by a few or even one individual; however, mere personal preferences are not religious beliefs. Individuals who do not practice any religion are also protected from discrimination on the basis of religion or lack thereof. Title VII requires employers to accommodate religious beliefs, practices and observances if the beliefs are “sincerely held” and the reasonable accommodation poses no undue hardship on the employer.
1. Religion
Title VII defines “religion” to include “all aspects of religious observance and practice as well as belief,” not just practices that are mandated or prohibited by a tenet of the individual’s faith.[18] Religion includes not only traditional, organized religions such as Christianity, Judaism, Islam, Hinduism, Sikhism, and Buddhism, but also religious beliefs that are new, uncommon, not part of a formal church or sect, only subscribed to by a small number of people, or that seem illogical or unreasonable to others.[19] Further, a person’s religious beliefs “need not be confined in either source or content to traditional or parochial concepts of religion.”[20] A belief is “religious” for Title VII purposes if it is “religious” in the person’s “own scheme of things,” i.e., it is a “sincere and meaningful” belief that “occupies a place in the life of its possessor parallel to that filled by . . . God.”[21] The Supreme Court has made it clear that it is not a court’s role to determine the reasonableness of an individual’s religious beliefs, and that “religious beliefs need not be acceptable, logical, consistent, or comprehensible to others in order to merit First Amendment protection.”[22] An employee’s belief, observance, or practice can be “religious” under Title VII even if the employee is affiliated with a religious group that does not espouse or recognize that individual’s belief, observance, or practice, or if few – or no – other people adhere to it.[23]
Religious beliefs include theistic beliefs as well as non-theistic “moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views.”[24] Although courts generally resolve doubts about particular beliefs in favor of finding that they are religious,[25] beliefs are not protected merely because they are strongly held. Rather, religion typically concerns “ultimate ideas” about “life, purpose, and death.”[26]
Courts have looked for certain features to determine if an individual’s beliefs can be considered religious. As one court explained: “‘First, a religion addresses fundamental and ultimate questions having to do with deep and imponderable matters. Second, a religion is comprehensive in nature; it consists of a belief-system as opposed to an isolated teaching. Third, a religion often can be recognized by the presence of certain formal and external signs.’”[27]
Social, political, or economic philosophies, as well as mere personal preferences, are not religious beliefs protected by Title VII.[28] However, overlap between a religious and political view does not place it outside the scope of Title VII’s religion protections, as long as that view is part of a comprehensive religious belief system and is not simply an “isolated teaching.”[29] Religious observances or practices include, for example, attending worship services, praying, wearing religious garb or symbols, displaying religious objects, adhering to certain dietary rules, proselytizing or other forms of religious expression, and refraining from certain activities. Determining whether a practice is religious turns not on the nature of the activity, but on the employee’s motivation. The same practice might be engaged in by one person for religious reasons and by another person for purely secular reasons.[30] Whether the practice is religious is therefore a situational, case-by-case inquiry, focusing not on what the activity is but on whether the employee’s participation in the activity is pursuant to a religious belief.[31] For example, one employee might observe certain dietary restrictions for religious reasons while another employee adheres to the very same dietary restrictions but for secular (e.g., health or environmental) reasons.[32] In that instance, the same practice in one case might be subject to reasonable accommodation under Title VII because an employee engages in the practice for religious reasons, and in another case might not be subject to reasonable accommodation because the practice is engaged in for secular reasons.[33] However, EEOC and courts must exercise a “light touch” in making this determination.[34]
I also snagged a religious rights PDF off the ACLU's webpage. It's aimed at the context of rights in prison, but it covers a lot of the core concepts in a clear, non-lawyer friendly way, and also includes a good number of citations to relevant cases that can help point you in the right direction for further research.
And for good measure, here's a link to MTSU's online "First Amendment Encyclopedia" and their topic section specifically on medical treatments vs religious beliefs that might help you. You're going to notice the Jehova's Witnesses and the Christian Scientists turn up a lot in this area of discussion, but they're not the only ones who've successfully gotten exemptions. The Amish do as well, but case law revolving around them is less likely to be useful to you as a key factor in why they get so many exemptions from so many things is because of their longstanding refusal to draw social services. Gross oversimplification, but basically, they don't take from the system, so they get let off the hook on some obligations to the system.