Following the 6th U.S. Circuit Court of Appeals ruling on Friday that the Occupational Health and Safety Administration can enforce a vaccinate-or-test mandate for large companies, multiple faith-based Christian organizations, colleges and seminaries have filed appeals with the Supreme Court to try to halt the Biden administration’s emergency temporary standard.
The 6th Circuit decision was appealed to the U.S. Supreme Court on Saturday morning by 27 Republican state attorneys general, as well as dozens of companies and organizations that oppose the mandate. The filing asks the Supreme Court to reinstate the stay involving the emergency temporary standard.
The First Liberty Institute, a legal nonprofit specializing in religious-affiliated cases, also filed an emergency application for stay with the Supreme Court on Saturday, on behalf of the American Family Association, Answers in Genesis and the Daystar Television Network. The First Liberty Institute argues that the OSHA rule violates the Religious Freedom Restoration Act of 1993 and possibly the First Amendment.
“The Ministries seek an immediate stay of the ETS while the court of appeals considers the merits of their petitions for review, because the ETS fails to provide any religious exemptions or accommodations for religious employers,” the First Liberty Institute contends.
“The ETS substantially burdens the ministries’ religious beliefs and practices in several ways,” the lawyers added, citing scriptural passages.
The Alliance Defending Freedom is representing Southern Baptist Theological Seminary, Asbury Theological Seminary, Sioux Falls Catholic Schools, Cambridge Christian School, Home School Legal Defense Association and the Christian Employers Alliance in separate action that also was filed over the weekend.
The ADF argues that the high court should grant relief because the federal government has overreached its authority with the OSHA rule.
“The mandate also inserts federal power into the employment decisions of religious institutions, despite the fact that the OSH Act does not allow OSHA to regulate religious non-profit organizations,” the ADF attorneys allege.
