On September 8, 2026, the U.S. Supreme Court denied an emergency appeal from a New York mother, Jane Doe, who sought to enroll her unvaccinated son in kindergarten while challenging the state's lack of religious exemptions. Justices Samuel Alito and Neil Gorsuch dissented. The case highlights ongoing tensions as New York defends its 2019 repeal of religious exemptions amid falling national kindergarten vaccination rates reported by the CDC.
Supreme Court emergency appeal denial
- ▪The U.S. Supreme Court issued a one-line order denying the New York mother's emergency application without offering an explanation for the decision.
- ▪U.S. Supreme Court Justices Samuel Alito and Neil Gorsuch noted that they would have granted the New York mother's emergency request to let her son attend school during the litigation.
- ▪On September 8, 2026, the U.S. Supreme Court denied an emergency appeal from a New York mother seeking to enroll her unvaccinated 5-year-old son in kindergarten while her lawsuit continues.
- ▪The New York mother, identified in court filings as Jane Doe, sought emergency relief to keep her son enrolled in an Eastchester, New York school, stating she faced imminent forced relocation to Florida to avoid the vaccination rules.
Catholic religious vaccine objection
- ▪The New York mother's attorneys stated that her religious objection was not fully formed when her son previously received doses of some childhood vaccines, including those for polio and chickenpox.
- ▪The New York mother, a practicing Catholic, stated in court filings that vaccinating her child violates her faith and constitutes a genuine, serious sin.
- ▪The New York mother objected to vaccines because she believes they inject biological material derived from unclean sources, such as human fetal cell lines combined with animal tissue, into the bloodstream.
New York vaccination law
- ▪The New York-based 2nd U.S. Circuit Court of Appeals rejected a challenge to New York's school vaccination requirement brought by Amish parents in 2026.
- ▪New York repealed its religious exemption to school vaccination requirements in 2019 following a measles outbreak, but continues to recognize medical exemptions.
Medical exemption comparison argument
- ▪The New York mother's attorneys argued that New York must allow religious exemptions because the state allows medical exemptions, claiming governments cannot treat secular activity more favorably than religious exercise.
- ▪New York Attorney General Letitia James argued that medical and religious exemptions are not comparable, stating medical exemptions are tightly constrained in scope and duration.
- ▪New York Attorney General Letitia James defended the 2019 repeal of the religious exemption as a rational and narrowly tailored response to protect herd immunity and stop the spread of infectious diseases.
Declining kindergarten vaccination rates
- ▪U.S. Centers for Disease Control and Prevention data shows that vaccination rates among kindergarteners have been falling while exemptions are rising, with 4.2% of American kindergarteners exempted from one or more vaccines in the 2025-2026 school year.
- ▪The U.S. Department of Health and Human Services under the second Trump administration has implemented changes to vaccine policy, including lowering the number of recommended shots for children.
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