The Sixth Circuit Court of Appeals Backs West Michigan University Athletes Seeking Vaccine Exemption

Two football players who attend Western Michigan University

The Sixth Circuit Court of Appeals unanimously upheld Federal District Court Judge Paul L. Maloney’s preliminary injunction, which allows 16 Western Michigan University (WMU) athletes to continue playing intercollegiate sports despite refusing a Covid-19 vaccine shot.

Appellate Judges Ralph B. Guy, Jr., David W. McKeague, and Chad A. Readler issued their opinion confirming WMU violated the athletes’ First Amendment rights by denying their requests for a religious exemption from the mandate. This decision is now binding precedent in Michigan, Ohio, Kentucky and Tennessee.

“The University put plaintiffs to the choice: get vaccinated or stop fully participating in intercollegiate sports,” the opinion says. “The University did not dispute that taking the vaccine would violate plaintiffs’ ‘sincerely held Christian beliefs.’ Yet refusing the vaccine prevents plaintiffs from participating in college sports, as they are otherwise qualified (and likely were recruited) to do. By conditioning the privilege of playing sports on plaintiffs’ willingness to abandon their sincere religious beliefs, the University burdened their free exercise rights.”

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