Court upholds Indiana University vaccine mandate
(The Center Square) – A federal court of appeals Monday ruled Indiana University can move forward with a plan requiring students, faculty and staff be vaccinated against COVID-19 before classes begin later this month.
The appellate court upheld a state district court decision that found the school was acting reasonably “in pursuing public health and safety for its campus communities.”
Eight students in May filed suit against the school, challenging the legality of the mandate and claiming it violated their constitutional rights by forcing them to receive unwanted medical treatment.
The new policy requires vaccination as a condition of attending classes. Students who do not want to get vaccinated can seek “ample educational opportunities” elsewhere, the appeals court said in its decision.
Indiana University will also grant waivers based on religious or medical grounds, a decision the court said provides constitutional accommodations to those who qualify.
“Once again, the court has affirmed our legitimate public health interest in assuring the safety of our students, faculty and staff and we are excited to welcome our community back for the fall semester,” the university said in a statement.
An attorney for the plaintiffs said he would ask the U.S. Supreme Court to review the decision. This is the first federal court ruling in the country regarding college immunization mandates. More colleges and universities across the country have instituted similar measures in recent months as vaccines have become more readily available.
Indiana University has 90,000 students and 40,000 employees across seven campuses. Students who do not comply with the mandate will have their classes cancelled and employees who do not will be fired.
The school was originally going to require students and employees to provide proof that they are vaccinated, but faced backlash from Republican lawmakers and state Attorney General Todd Rokita, also a Republican. Providing proof will now be optional, and students and staff can now attest that they are vaccinated using an online form.
A non-binding opinion from Rokita said requiring proof would be illegal under a new law that bans state and local governments from requiring vaccine passports.
Under current Indiana law, students living on campus at state schools are required to show proof of immunization for six diseases — diphtheria, measles, mumps, tetanus, rubella and meningitis.
According to the Chronicle of Higher Education, more than 600 of the nation’s roughly 4,000 colleges and universities have instituted some type of vaccine mandate.
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