A federal judge in Phoenix issued a preliminary injunction Friday against the Maricopa County Community College District (MCCCD) after finding that two nursing students deserve to graduate this year even if they need an accommodation due to their religious objection to receiving the COVID-19 vaccine.
“Defendant shall make available to Plaintiffs a suitable accommodation that will allow Plaintiffs to satisfy the clinical components of their coursework and complete their academic programs as scheduled in December 2021,” U.S. District Judge Steven P. Logan wrote in his order on Friday.
Emily Thoms and Kamaleilani Moreno have just one semester left in their nursing program in order to graduate from one of MCCCD’s eight nursing programs. The final semester includes practical clinical studies, with the students placed by college officials with a clinical partner. Some of those partners require proof of vaccination but others do not; however, MCCCD has a random assignment policy without consideration of a student’s vaccination concern.
Both women have a long-standing religious objection based on the fact aborted fetal cell lines were used in development of the vaccine. They argued that the MCCCD’s inflexibility violated the Free Exercise Clause of the First Amendment and Arizona’s Free Exercise of Religion Act (FERA).
The lawsuit requested MCCCD work with the students to find a clinical provider who would accept a religious exemption, or to offer other accommodations, some of which are already approved by the Arizona State Board of Nursing.
The attorneys for the college district argued the students “would not suffer a irreparable harm” if forced to wait as much as one more year to graduate if it took that long to get randomly placed with a clinical partner who would accept their religious exemption.
The judge, however, was buying none of it. The Obama-appointee granted the students’ requested preliminary injunction and in a tersely worded analysis he ruled that the students’ arguments in support of their First Amendment and their state FERA claims were strong enough to suggest they will win at trial.
“In sum, Plaintiffs have shown a likelihood of success on the merits of both of their claims, that they are likely to suffer irreparable harm absent an injunction, and that the balance of equities and the public interest weigh in their favor,” Logan wrote. “Their case is not doubtful, and the harm they have alleged—the violation of their constitutional and fundamental right to free exercise—is an injury of the highest order under the Constitution and the law.”
Logan noted in his order that due to the pandemic, MCCCD’s clinical partners stopped in-person clinical rotations through the Spring 2021 semester. During that time, instructors used “online activities, simulations, and other methods to teach the relevant competencies” based on a waiver from the State Board of Nursing.
During a hearing earlier this week, Dr. Margi Schultz of MCCCD’s nursing program revealed district officials have a similar waiver through August 2022, but chose not to present such an offer to students like Thoms and Moreno who had objections to the vaccine but could not get placed with a suitable clinical provider due to the college district’s insistence in following a random assignment policy.
Students were, however, given an opportunity to take a tuition refund and then reenroll for their clinical studies in a future semester. Some, like Thoms and Moreno, have additional education plans or employment options already arranged which would be negatively impacted by not graduating on time, a point Logan did not miss.
“Plaintiffs have presented at least three less restrictive alternatives that Defendant could likely have implemented in lieu of the Policy,” he wrote. “The burden imposed here by denying Plaintiffs their nursing degrees on December 17, 2021 cannot be characterized as ‘trivial, technical, or de minimis.’ By denying Plaintiffs their nursing degrees, Defendant prevents them from becoming licensed and employed as nurses. They will be unable to join the profession to which they have devoted themselves for the past two years.”
Scottsdale-based attorney Colleen Auer represents Thoms and Moreno. She is gratified by Logan’s prompt and thorough attention to a case that was only filed two weeks ago.
“With a great deal of time, effort, and methodical examination of the evidence, Judge Logan has resurrected my clients’ educational futures and their Free Exercise rights under the First Amendment,” Auer told Arizona Daily Independent.
“For that, and for them, I am gratified by his decision and look forward to the Maricopa County Community College District acting swiftly, as ordered, to ensure that my clients can complete their academic programs as scheduled in December 2021, without relinquishing their sincere religious beliefs opposed to COVID-19 vaccination,” she said.
Next up will be for MCCCD to file an answer to the lawsuit itself.
LEARN MORE ABOUT THE STUDENTS: For Nursing Students Lawsuit Against MCCCD Is A Matter Of Faith
READ JUDGE LOGAN’S ORDER
11.5.2021 Order Granting PI Motion