B.W.C. v. Williams, No. 20-1222 (8th Cir. 2021)
Annotate this Case
The Eighth Circuit affirmed the district court's dismissal of plaintiffs' complaint challenging Missouri's form to claim a religious exemption from mandatory immunizations for school children, as violations of their First and Fourteenth Amendment rights. Plaintiffs, children enrolled or seeking to reenroll in Missouri public schools, have sincere religious objections to immunization. After plaintiffs refused to fill out Missouri Department of Health and Senior Services Form 11, plaintiffs were disenrolled from school until they filed the form. Plaintiffs claimed that the form and the text of the form regarding "vaccine education" violated their rights to free speech, free religious exercise, and equal protection.
The court held that Form II does not compel speech, restrict speech, or incidentally burden speech, and thus does not violate plaintiffs' free speech rights; does not require plaintiffs to engage in conduct against their religious beliefs; and does not make plaintiffs morally complicit in the production or use of vaccinations. Rather, Form 11 communicates neutrally to anyone considering opting out on religious grounds that the government discourages it, but the ultimate decision belongs to the parents. The panel explained that the form states the government's neutral and generally applicable position that immunization prevents childhood diseases, and thus should be required for school attendance. The court also held that plaintiffs failed to plead specific facts about forced immunization education, and that Form 11 does not target religious believers or violate their right to equal protection. Finally, the court held that plaintiffs have not stated a hybrid rights claim that requires strict scrutiny.
Court Description: [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.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.