All health care workers in Maine are required to receive the COVID-19 vaccine before Friday; there is currently no religious exemption. | Adobe Stock
+ Regulatory
Bree Gonzales | Sep 27, 2021

Decision on Maine’s COVID-19 vaccine mandate will determine if it 'violates the First Amendment'

Health care workers in Maine are anticipating a decision on a lawsuit challenging Maine’s COVID-19 vaccine mandate.

A federal judge will soon have to issue the decision on whether health care workers can be exempted from Maine’s COVID-19 vaccine mandate for religious reasons. The rule would apply to 150,000 workers at hospitals, clinics, group and nursing homes, dental offices and emergency medical services agencies.

The Maine Legislature decided in 2019 that the chicken pox and flu vaccines are required by all health care workers, and the only exemption that is currently allowed is a medical exemption.

“Does that mean that the underlying statute enacted in 2019 generally violates the First Amendment because it doesn’t authorize the Department of Health and Human Services to permit religious exemptions from every compulsory vaccine?” U.S. District Judge Jon Levy asked, according to the Portland Press Herald. “Is that the outcome of this case?”

The names of the nine plaintiffs who have demanded that health care workers should be allowed to opt out of the COVID-19 inoculation mandate have not been disclosed, the Portland Press Herald reported. They are represented by Liberty Counsel, which is a conservative group based in Florida. The nine unnamed plaintiffs are also seeking class-action status.

The mandate is set to take effect on Friday, Oct. 1, but Gov. Janet Mills (D) has said she won't enforce it until Friday, Oct. 29. According to the Portland Press Herald, Levy promised to issue the decision before the mandate takes effect. California and New York are some of the states that are already requiring some or all health care workers to be vaccinated against COVID-19.

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