by Hannah Schaffer, Features Editor
Photo courtesy of unsplash.com
Covid-19 vaccination mandates have sparked controversy across the country, with more than 20 states adopting mandates.[1] These mandates allow states to fire workers who refuse immunization. Judges have overwhelmingly upheld requirements for health care works, public employees, university faculty and students and government employees to be vaccinated against Covid-19 as a condition of employment. Nearly all legal challenges of the mandate have failed so far, with limited exceptions for religious purposes. Judges have refused to block vaccine mandates in at least 17 cases.[2]
In 1905, the U.S. Supreme Court decided in Jacobson v. Massachusetts that there is no fundamental right to refuse vaccination, and that mandatory vaccinations are not arbitrary or oppressive so long as they do not go beyond what is reasonably required for the safety of the public.[3] However, Texas lawmakers are considering legislation that would allow workers to refuse the Covid-19 vaccine for “reasons of conscience,” and even sue their employers if the mandate is enforced.[4]
On Monday, October 11, 2021, Texas Governor Greg Abbott issued an executive order to “prohibit any entity, including private business, from enforcing a Covid-19 vaccine mandate on workers.”[5] “Vaccines are strongly encouraged for those eligible to receive one, but must always be voluntary for Texans,” Abbott said.[6] Abbott has personally received the Covid-19 vaccination.[7] This legislation is in strict opposition of President Biden’s federal mandate that requires businesses with 100 or more employees to impose either weekly Covid-19 testing or vaccination mandates.[8]
More than 150 staff members from a Houston hospital were fired or resigned over a policy that required employees to be vaccinated against Covid-19.[9] Jennifer Bridges, a nurse from Houston Methodist Hospital, cited the lack of full Food and Drug Association approval of the vaccine as the reason she refused to get vaccinated. However, U.S. District Judge Lynn N. Hughes rejected Bridges’ claim, stating “The hospital’s employees are not participants in a human trial. Methodist is trying to do their business of saving lives without giving them the Covid-19 virus. It is a choice made to keep staff, patients and their families safer.”[10]
“The bill would let employees opt out of vaccine requirements by their employers for medical reasons or on grounds of personal conscience,” Andrew Schneider of Houston Public Media reported.[11] The legislation would also allow workers who have “acquired immunity against Covid-19” because they have previously been infected with the virus to refuse the vaccine. However, it remains unclear how workers will prove that they have previously been infected and recovered from the virus.[12]
However, the bill received massive push back. More than two dozen medical and business advocacy groups pushed back against the legislation. These organizations included the Texas Association of Business, the Texas Hospital Association, the Texas Hotel & Lodging Association, and many others.[13]
The bill ultimately failed on the morning of Tuesday, October 19.[14] The legislation’s failure can largely be attributed to large Texas-based companies, such as American Airlines and Southwest Airlines, speaking out against Abbott’s order and complying with President Biden’s mandates.[15]
[1] https://www.wsj.com/articles/covid-19-vaccine-mandates-are-surviving-nearly-all-court-challenges-11634904317
[2] Id.
[3] Jacobson v. Commonwealth of Massachusetts, 197, U.S. 11 (1905).
[4] https://www.npr.org/2021/10/14/1046015918/texas-covid-19-vaccine-mandates-ban-law-refuse-gov-greg-abbott
[5] https://www.npr.org/2021/10/11/1045142578/texas-governor-greg-abbott-ban-covid-vaccine-mandates
[6] https://www.npr.org/2021/10/11/1045142578/texas-governor-greg-abbott-ban-covid-vaccine-mandates
[7]Id.
[8] https://www.npr.org/2021/10/14/1046015918/texas-covid-19-vaccine-mandates-ban-law-refuse-gov-greg-abbott
[9] https://www.nytimes.com/live/2021/06/22/world/covid-vaccine-coronavirus-mask
[10] Id.
[11] https://www.npr.org/2021/10/14/1046015918/texas-covid-19-vaccine-mandates-ban-law-refuse-gov-greg-abbott
[12] Id.
[13] https://www.texastribune.org/2021/10/18/texas-covid19-vaccine-mandates-bill/
[14] https://thehill.com/homenews/state-watch/577371-bill-to-ban-employer-vaccine-mandates-fails-in-texas-legislature
[15] Id.
