UPDATE NOVEMBER 8, 2023
Our Connecticut Supreme Court hearing was October 26, 2023. We think it went well and we are highly optimistic that we will prevail.
If you believe that the free exercise of religion and the right to education are important and worth protecting, please make your tax deductible donation today, and please share this message in your networks. Goliath has unlimited financial resources, we don't. In September 2022 – Judge Genuario in Stamford Superior Court ruled in our favor, denying the Attorney General's Motion to Dismiss. The Attorney General immediately appealed. The Attorney General’s appeal effectively set back our case by 13 months (and counting!), from September 2022 to October 2023. We are not certain when the CT Supreme Court will decide this case - it could take a few months - but we are preparing for success. When we WIN at the Connecticut Supreme Court, the case gets sent back to the trial court in Stamford, CT, and this would be the first time a religious exemption, recently repealed, could be defeated in the courts. This would be the first case challenging the repeal of a religious exemption which could go to TRIAL in the United States! David has Goliath on the ropes. Please help us finish the battle. Thank you in advance for your support! Kevin Barry Media coverage of the case: Case updates can also be found here. |
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UPDATE 10/3/23: CT RELIGIOUS EXEMPTION REPEAL CASE
CT Supreme Court Hearing scheduled for Thursday October 26, 2023 at 11AM.
Please help us defeat Pharma’s war on religious exemptions by making your tax deductible donation now! We are still well short of our fundraising goals.
https://donorbox.org/restore-religious-liberty-in-connecticut
This case is nationally important. When we WIN at the Connecticut Supreme Court, the case gets sent back to the trial court in Stamford, CT. This would be the first time a religious exemption repeal would be defeated in the courts – which would be historic news for the entire country. Over time, winning this case could send tens of thousands of children nationwide back to school! This is the first case challenging the repeal of a religious exemption which could go to TRIAL. Legal challenges of repeals in CA, NY, and ME did not make it to trial.
Thank you in advance for your support!
Kevin Barry
Lindy Urso
Jim Mermigis
Lee Ann Ducat
Christina Martinez
Case updates can also be found here: https://libertynowlaw.com/ct-legal-challenge
Appellate Docket: https://appellateinquiry.jud.ct.gov/CaseDetail.aspx?CRN=78235
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UPDATE: September 15, 2023
SUPPORT THE MOST IMPORTANT ONGOING RELIGIOUS LIBERTY CASE IN THE COUNTRY!
HELP DEFEAT PHARMA’S WAR ON RELIGIOUS EXEMPTIONS
CT FIRST, THEN THE REST OF THE COUNTRY.
CASE HISTORY:
CT repealed the religious exemption to vaccination in April 2021.
In September, 2022, our case defeated the CT Attorney General’s motion to dismiss (the other CT legal challenge was dismissed). Support THIS case -- the one which defeated the motion to dismiss!).
The CT Attorney General’s office appealed their loss to the CT Supreme Court, delaying justice for more than a year.
Our CT Supreme Court hearing is fast approaching - in October 2023.
The CT Attorney General’s office argues that both free exercise of religion and the right to education are not “substantial claims”.
Our legal team has been working on this for more than three years;
we need your support!
When we WIN at the Connecticut Supreme Court,
Our case gets sent back to the trial court in Stamford, CT.
This would be the first time a religious exemption repeal could be defeated in the courts – which would be historic news for the entire country. Over time, winning this case could send tens of thousands of children nationwide back to school!
This is the first case challenging the repeal of a religious exemption which could go to TRIAL. Legal challenges of repeals in CA, NY, and ME did not make it to trial.
This is the first case that will have testimony, discovery, and cross-examination of expert witnesses!
TRIALS AND LITIGATION ARE EXPENSIVE. WE NEED FUNDING NOW.
Connecticut is different from the other states which have had religious exemptions repealed (CA, NY, ME), because it has a state Religious Freedom Restoration Act (RFRA) statute, which requires the highest level of judicial scrutiny.
The other CT case (which was dismissed) was filed in Federal Court. That case was decided on “rational basis” judicial review, the lowest level of judicial review of the legislature.
Our case, with a state RFRA statute, requires a “strict scrutiny” judicial review, the highest level of judicial review of the legislature.
If the CT Attorney General’s argument in this case wins, religious exemptions are vulnerable in all RFRA states. CT's Attorneys argue that RFRA statutes do not apply to acts of the legislature.
WITH THIS CT CASE TO RESTORE RELIGIOUS LIBERTY, WE HAVE THE OPPORTUNITY TO HAVE THE FIRST TRIAL IN THE NATION WHERE THE JUDGE HAS TO REVIEW THE LEGISLATURE’S REPEAL OF RELIGIOUS LIBERTY USING THE HIGHEST LEVEL OF JUDICIAL SCRUTINY.
Your financial support will give us the best chance to win this lawsuit!
Kevin, Lindy, Jim, LeeAnn and Christina
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July 19, 2022, Lawsuit Update:
Attorneys Lindy Urso, Jim Mermigis and Kevin Barry filed a legal challenge in April 2022 to CT's unconstitutional repeal of the religious exemption to attend school. A Preliminary Injunction Motion was filed on June 3, 2022 asking the judge to allow the children of the religious to enroll in school in September 2022.
This case has national importance: it will help protect the religious exemption in the 44 states which still have them, and it could help restore it in the states where it has been repealed.
Connecticut is the first state to repeal the Religious Exemption which also has a state level Religious Freedom Restoration Act law, which requires the highest level of judicial scrutiny.
We are committed to taking this case to the Supreme Court if necessary, which is costly. Regardless of the result of the Preliminary Injunction, we will be going to trial in Connecticut.
Your financial support is much needed and greatly appreciated.
Help us restore the right to religious liberty and the right to education for the children of the religious.