As we near the end of the school year, the buzz around vaccine mandates is increasing.  For example, the University of Notre Dame has already informed their students that vaccines will be required for the Fall semester.

Away from education, mandating vaccines among our men and women in service to our country is looking more and more certain across all the branches of service.

Then there are employers.  People working in the health care industry have been dealing with this for some time already and it promises to spread broadly across all lines of work.

What do we do?  It is most helpful to start by building a command of the facts.  Are the mandates statutory in nature?  What are the exemption laws in your state?  Is there relevant case law in addition to, or in place of, statute?

Happily, there is a reference website that gathers much of this information and makes it easily accessible.  Please go here:  State Vaccine Requirements – National Vaccine Information Center (nvic.org) and click on your state for up-to-date information on public schools, employment sectors, higher education and state employees.  Information on applicable statutes is also available.

Getting familiar with this information is important as it allows one to address the first question posed above – Is the mandate statutory?  If so, then the statute must address what is already law in very specific terms.  If the mandate is not the product of the legislative process, it makes the path easier, at least in theory.  A regulation, administrative rule or executive order cannot set aside statute.  Exemptions protected by law cannot be removed by any of these means and any changes need to go through the legislative process.

So, follow the process.  File your exemption for medical, religious or philosophical reasons.  Use your command of the facts and insist that the law be followed.

And a note to Catholics facing this situation.  You are likely to have people push back and tell you that the Church and the Pope have said that the vaccines are okay and that it is a ‘moral obligation’ and an ‘act of charity’ to take the vaccine.  Prepare to speak the truth, that seeking an exemption is consistent with Church teachings on freedom of individual conscience and consistent with the position of the USCCB.

I spoke to two United States Air Force officers earlier today about this general issue.  The Uniform Code of Military Justice is a bit of a different animal but the right to objections of conscience has a long history in military service.  We discussed their situations and both will be meeting with their Chaplains with all relevant supporting documentation in one hand and a copy of A Statement of Conscience, To Awaken Conscience in the other.  The Lt. Colonel got it.  To move without resistance is to surrender.  ‘Surrender’ is a dirty word in his line of work and he is ready to fight with honor.  He will not be alone.