Vaccines remain a source of contention between some parents and public school districts. Despite a successful history and scientific support confirming the efficacy and safety of preventive inoculations, some parents object to school district vaccine mandates due to their religious beliefs. The U.S. Supreme Court (SCOTUS) has been receptive to cases involving religious freedoms in recent years. However, the Court turned away a faith-based emergency appeal on October 17, 2025.
We the Patriots, a conservative nonprofit foundation, filed a lawsuit in May 2025 seeking an emergency order for relief against the Ventura Unified School District in California. It did so on behalf of Jane Doe, whose son had been removed from the district’s high school for failing to receive the required vaccinations. Citing the Supreme Court’s decision in Mahmoud v. Taylor, We the Patriots tried to draw a connection between that ruling and Doe’s religious beliefs to force the district into providing an opt-out.
SCOTUS’s denial offered no indication of why the high court refused the appeal, which is typical. However, procedural disputes in district court may have hamstrung their chances for their First Amendment claims. As a result, the removal of the opt-out policy for religious exemptions for vaccine mandates under California law remains in place.
An Invitation to Expand Mahmoud
The June 2025 SCOTUS ruling in Mahmoud v. Taylor was the focus of the legal challenge. For the 2022-2023 school year, the Montgomery County Board/Department of Education in Maryland added several LGBTQ+ books to the school curriculum. These texts covered topics like sexual orientation and gender identity.
With school policy not allowing opt-outs, some parents filed a lawsuit claiming a violation of their religious freedoms and parental rights. After being thwarted in the lower courts, the parents found relief through SCOTUS, which ruled that they would likely meet the required standard for a preliminary injunction for their elementary school children.
We the Patriots attempted to use this argument against the removal of Jane Doe’s high-school-aged son. The Ventura United School District kicked him out of school when it was discovered he was lacking several required vaccines. Instead, his parents supplied records with “homeoprophylaxis vaccines,” which are not recognized under California law. State law phased out religious exemptions for vaccines years ago, and an attempt to use a disability waiver from an organization in Texas was rejected since it did not come from an in-state provider.
Much like the parents opting their children out of certain books in Mahmoud v. Taylor, Doe and We the Patriots argued that her son had a right to public education without meeting vaccine mandates. Doe claimed the required vaccines violated her religious freedoms because they’re made with stem cells taken from abortions. Aside from some cell cultures created from fetal tissue in the 1960s, vaccines do not use fetal material.
SCOTUS Denies Emergency Appeal
As noted, the lawsuit asking for an emergency order for relief failed in both the district court and the Ninth Circuit Court of Appeals. It didn’t fare any better before SCOTUS. The Ventura Unified School District argued, among other things, that the request presented to SCOTUS was putting the cart before the horse, as their revised emergency petition was filed without an evidentiary hearing ever having taken place.
Despite the loss, it's likely that organizations promoting religious freedoms will continue to file challenges and test the limits of Mahmoud v. Taylor.
Related Resources
- Supreme Court: Parents Can Opt Children Out of LGBTQ+ Lessons on Religious Grounds
(FindLaw’s Federal Courts) - Religious Accommodation for Students (FindLaw's Learn About the Law)
- School Vaccinations (FindLaw’s Education Law)
