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
  • 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.

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