The pandemic is over, but mandates are not. Attorney and founder of We the Patriots USA Brian Festa argues that significant threats persist, particularly in states that have eliminated religious exemptions for childhood vaccinations.
Festa discusses two parallel cases in the Second Circuit Court of Appeals. One involves Amish community schools in New York, where the state has penalized schools for honoring families’ religious objections to vaccines. The U.S. Supreme Court recently remanded this case back to the Second Circuit for reconsideration in light of its 2025 decision in Mahmoud v. Taylor. In that landmark ruling, the Court held public schools must allow parents to opt their children out of curriculum elements (specifically LGBTQ storybooks) that substantially burden or threaten to undermine religious beliefs and upbringing. The opinion set a precedent that parents do not shed their First Amendment free exercise rights “at the schoolhouse door.” Festa sees this as directly applicable to vaccine exemption cases, potentially shifting the legal standard from the 1990 Employment Division v. Smith precedent—which defers to neutral, generally applicable laws—to strict scrutiny requiring a compelling state interest and least restrictive means.
We the Patriots’ companion case concerns Milford Christian Church’s Little Eagles daycare and preschool in Connecticut. The state threatened closure for accepting religious exemptions after repealing them in 2021. The organization has kept the school open through litigation since March 2023 via an agreement pending resolution.
Both cases challenge the elimination of religious exemptions while medical (secular) exemptions remain available, raising claims of discrimination under the Free Exercise Clause, Establishment Clause, and Equal Protection.
Festa stresses that education is a fundamental right in Connecticut’s constitution, and denying it absent a public health emergency or outbreak fails strict scrutiny. He notes inconsistencies in state enforcement, with some agencies disclaiming authority over private schools yet pursuing action through others.
Beyond these, Festa describes alarming “medical kidnapping” cases, including a Florida child with cystic fibrosis removed from her mother for using a long-established treatment instead of a newer drug with a black box warning. He also mentions a Connecticut special needs autistic child denied federally mandated services (like speech and occupational therapy) due to unvaccinated status, violating special education laws.
Currently, only four states—California, Connecticut, Maine, and New York—fully eliminate religious exemptions for school vaccines, though West Virginia’s status involves ongoing litigation after an executive order attempt. This affects roughly 20% of the U.S. population, leaving families vulnerable to discrimination and denying children education or services based on faith-based choices.
Festa views potential Supreme Court success as monumental for health freedom, setting nationwide precedent against compelled vaccination absent true emergencies. We the Patriots USA is a pro bono nonprofit, whose fight is essential to prevent future mandates. Post-pandemic, blue states are pushing back against federal shifts, forming alliances to enforce compliance. True protection requires judicial precedents, not temporary policy changes, to safeguard parental rights and religious liberty for generations.
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