Irons, MI asked in Civil Rights, Constitutional Law and Education Law for Michigan

Q: Can I sue the school district for religious discrimination for my child to not wear a mask. It is against our religion

1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Interesting scenario...I'm not sure how such a suit would play out. Generally, claims of religious discrimination requires you to substantiate that what you are saying is an established component of your religion, and that you are a devoted member of that faith group. That is commonly done in the form of testimony or other evidence from religious leaders who can say "yes, that is what our religion says, and yes, I know these individuals to be devout members of my faith community".

But that's not the end of the story. Even if that's established, you are asking the court to wrestle with competing interests - the health and wellbeing of many people, and your child's individual rights. It could lead to the court mandating some sort of accommodation for your child; what it likely would not lead to is just outright authorization for your child to go to school without a mask if everyone else is required to do so for health reasons.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.