EMILY DAHL; HANNAH REDOUTE; BAILEY KORHORN; MORGAN OTTESON; JAKE MOERTL; KIA BROOKS; AUBREE ENSIGN; REILLY JACOBSON; TAYLOR WILLIAMS; KAELYN PARKER; ANNALISE JAMES; MAXWELL HUNTLEY; SYDNEY SCHAFER; DANIELLE NATTE; NICOLE MOREHOUSE; KATELYN SPOONER v. BOARD OF TRUSTEES OF WESTERN MICHIGAN UNIVERSITY; EDWARD MONTGOMERY, KATHY BEAUREGARD; TAMMY L. MILLER - Articles

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EMILY DAHL; HANNAH REDOUTE; BAILEY KORHORN; MORGAN OTTESON; JAKE MOERTL; KIA BROOKS; AUBREE ENSIGN; REILLY JACOBSON; TAYLOR WILLIAMS; KAELYN PARKER; ANNALISE JAMES; MAXWELL HUNTLEY; SYDNEY SCHAFER; DANIELLE NATTE; NICOLE MOREHOUSE; KATELYN SPOONER v. BOARD OF TRUSTEES OF WESTERN MICHIGAN UNIVERSITY; EDWARD MONTGOMERY, KATHY BEAUREGARD; TAMMY L. MILLER

Posted by: Karen Belcher on Oct 7, 2021

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON MOTION: Michael S. Bogren, PLUNKETT COONEY, Grand Rapids, Michigan, for Appellants.

Attorneys 2: ON RESPONSE: David Kallman, GREAT LAKES JUSTICE CENTER, Lansing, Michigan, for Appellees.

Judge(s): GUY, McKEAGUE, and READLER, Circuit Judges

Court Appealed: United States District Court for the Western District of Michigan at Grand Rapids

PER CURIAM. Western Michigan University, a public university, requires student- athletes to be vaccinated against COVID-19, but it considers individual requests for medical and religious exemptions on a discretionary basis. Sixteen student-athletes applied for religious exemptions. The University ignored or denied their requests and barred them from participating in any team activities. The student-athletes then sued, alleging, among other things, that University officials violated their free exercise rights. The district court preliminarily enjoined the officials from enforcing the vaccine mandate against plaintiffs. Now, the officials ask us to stay the injunction and proceedings in the district court pending appeal. Although it is a close call, because the free exercise challenge will likely succeed on appeal, the factors considered in granting a stay favor the student-athletes. Accordingly, we decline to issue a stay.

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