DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
201222P.pdf 03/05/2021 B.W.C. v. Randall Williams
U.S. Court of Appeals Case No: 20-1222
and No: 20-2207
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Benton, Author, with Gruender and Stras, Circuit Judges]
Civil case - School immunizations. Plaintiffs chose not to immunize their
children on religious grounds but refused to complete the Missouri
Department of Health and Senior Services Form 11, which is the form
prescribed by the state for seeking an exemption from vaccination
requirements; plaintiffs claimed the Form and the text in the Form
regarding "vaccine education" violated their rights to free speech, free
religious exercise, and equal protection. The district court dismissed the
suit. Held: Form 11 does not compel, restrict or incidentally burden
plaintiffs' free speech rights; nor does the Form require plaintiffs to
engage in conduct against their religious beliefs or make them morally
complicit in the production or use of vaccines; the Form simply
communicates neutrally to any person considering opting out on religious
grounds that the government discourages such a choice but acknowledges
that the ultimate decision is up to the parents; the Form does not target
religious believers or violate their right to equal protection as it
treats all exemption requests the same; plaintiffs failed to state a
"hybrid right" requiring strict scrutiny.