We The Patriots USA, Inc., et al v. Ventura Unified School District, et al.
FirstAmendment
Whether California's mandatory school vaccination requirements violate the First Amendment's Free Exercise Clause by excluding a student from school due to his mother's religious objections to vaccinations derived from fetal cell lines
Jane Doe religiously objects to deriving any benefit from abortion. California requires children to receive certain vaccinations to attend public and private schools. California’s required vaccinations are tested or developed using cell lines derived from aborted fetuses. The Respondents — California public health and educational officials — recognized a religious exemption for Jane Doe’s son for two years more than they should have under California law. In January 2025, they excluded him from school and criminally prosecuted Jane Doe in May 2025 because of her faith. Jane Doe tried everything to get her son back into school — alternative immunizations, a special education exemption, etc. — but the Respondents will only be satisfied with requiring her to violate her conscience. As the new school year is underway, Jane Doe’s son remains excluded from school because of his mother’s unwavering faith. Lower courts denied Jane Doe’s pleas for relief and have trapped her in limbo by staying her case pending the Ninth Circuit’s resolution of similar cases filed earlier in time. Her son’s future depends on getting relief from this Court. The question presented is: 1. Whether California Health and Safety Code violates Jane Doe’s First Amendment right to direct her son’s religious upbringing by excluding him from every California school unless he receives vaccinations in violation of Jane Doe’s faith? 2. Whether California Health and Safety Code § 120335 lacks general applicability because it permits medical exemptions, but not religious exemptions?