Student sues unified San Diego for vaccination warrant – NBC 7 San Diego


A Scripps Ranch high school student athlete and her parents are suing the San Diego Unified School District over the COVID vaccine mandate, saying the student athlete will either have to give up her faith or give up the sport.

The trial was expected as time is running out for eligible students. Children over 16 should be fully immunized by December 20 or attend distance school. The problem is this: if some students can opt out, why not others?

At the heart of the lawsuit is a “preeminent” athlete from Scripps Ranch who is keen to gain the attention of college track and field programs this winter, believing she may win a scholarship. According to district policy, however, the 16-year-old should be vaccinated to play, and getting the shot goes against her religious beliefs.

“The problem here is that no religious exemption is recognized by the United District of San Diego policy,” said legal analyst Dan Eaton.

The lawsuit alleges religious discrimination because of the district’s vaccine mandate.

“Jill Doe’s faith prevents her from taking any of the COVID-19 vaccines currently available due to their imprint of aborted fetal cells,” the lawsuit says in part, adding elsewhere: “She is firmly pro-life and accepts the teaching of her faith that in no way can she participate in the horror of abortion. “

The lawsuit argues that the district has exemptions for others, including youth in foster care, homeless children, migrant and military families, or people in special education “do not need to. get vaccinated against COVID-19 for now, “says trial

“What she is saying is that the San Diego Unified School District exemption allows for case-by-case exemptions for migrant youth, foster youth and homeless youth,”
Eaton said. “And what she is saying is that if you want to do that, you have to allow people with bona fide religious exemptions to assert that right to be excepted as well.”

Eaton said if she wins this lawsuit, she gets the right to seek an exemption, not necessarily the right to have the religious exemption accepted by the district. The problem is that other vaccines have been developed using fetal cells, such as polio, chickenpox, and rubella.

What some people are saying is, ‘Look, the same type of material has been used in vaccines that you have received in the past. You can’t say you have a good faith religious objection on the same basis to the COVID-19 vaccine, ”Eaton said.

Eaton said if she wins the lawsuit and forces the district to allow religious exemptions, then the school district denies the Scripps Ranch High student’s claim, there will be a follow-up. you would see the trial part two.

Contacted for comment, a district official said he was not commenting on pending litigation.

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