Court Rules in Favor of Firefighters Who Refused COVID Shot Due to Religious Beliefs

The California Court of Appeals has ruled in favor of San Jose firefighters who were allegedly placed on “involuntary, unpaid leave” for failing to comply with COVID-19 vaccine mandates.

The U.S. Sixth District Court of Appeals examined a case filed by the group of firefighters who were part of a group of more than 200 Santa Clara County employees placed on leave for “failing” to get vaccinated or a booster shot for COVID-19.

Firefighters working for the City of San Jose declined to be vaccinated for COVID-19, per a public health order, due to their religious convictions. They requested the exemption stating “the use of fetal cells in the inoculations” and “being forced to inject their bodies—as (a) ‘temple of the Holy Spirit’—with something potentially harmful” violated their beliefs. 

The city of San Jose initially granted the request, but in 2021 Santa Clara County required workers in higher-risk settings to get vaccinated and boosted by Jan 24, 2022, the San Jose Spotlight reports.

The county forbade employers from offering accommodations to employees who were first responders including nurses, sheriffs, and firefighters. 

Firefighters Christopher Bingham, Anthony Dixon, Aleksandr Girzhu, Luke Goodrich, and Brendan Kasten, were notified by the city that they would not be able to continue to work if they did not comply with the mandate and would be placed on unpaid leave as accommodation for their religious beliefs. 

According to Metropolitan News Enterprise, the firefighters were placed on leave for five weeks before the county amended the mandate. 

The Pacific Justice Institute, a non-profit legal group, represented the firefighters and filed a complaint against the city alleging the workers suffered “financial harm from the leave, lost accrual time toward their pensions, and demotions in seniority.”

Santa Clara Superior Court Judge Frederick S. Chung dismissed the case saying the plaintiffs were “effectively, voluntarily disabled” due to their choice to remain unvaccinated and that “there was no other accommodation available to them than a leave of absence.”

PJI appealed the ruling.

“This is a clear example of how municipalities disregard the religious rights of faith-based individuals who solely want to be able to live by their Christian beliefs,” the group said in a press release. 

The U.S. Sixth District Court of Appeals reversed the lower court and awarded costs.

Justice Daniel H. Bromberg wrote in his opinion that “the City has failed to offer any persuasive reason why involuntary unpaid leave exceeding a month should not be considered an adverse employment action, much less to cite any authority taking such a position.”

The Pacific Justice Institute is applauding the ruling. 

“Public safety requires that all first responders be available for service. The City exercised poor judgment by keeping firefighters sidelined,” said Kevin Snider of PJI who argued the case.

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