March 27, 2023
CT Religious Exemption Repeal Lawsuit
Hey Gang!
As many of you might know, CT fought hard against a bill that removed the religious exemption to mandatory childhood vaccinations in schools.
Unfortunately, the CT legislature removed it anyway in April of 2021, even in the face of state record breaking opposition, confirming that our state had fallen to regulatory capture.
I would like to sincerely thank the public at large and health freedom community for their unwavering support over the last 6 years while we fought hard to keep religious exemptions here in CT and for inquiring about our one-of-a-kind legal challenge to reinstate the religious exemption in CT schools!
The timing of donations in any amount right now would be ideal, as we (5 attorneys and a paralegal) are working on our reply to the CT Supreme Court, which we need to submit by Friday, March 31st.
A brief summary of where we stand now:
We defeated the state’s motion to dismiss our case in Superior Court in Stamford. Subsequently, the CT Attorney General appealed to the Appellate Court in New Haven, an intermediate level court.
We met with the intermediate judge and with AG’s representatives, where the parties agreed to stipulate to send the case directly to the Supreme Court. This is good news, as it speeds the case along. It was clear to the intermediate judge that whichever party lost in the Appellate Division would appeal to the Supreme, so we all agreed to skip the intermediate step. (This saves time and money)
As I mentioned earlier, our reply to the AG’s brief is due at the Supreme Court on 3/31/23. We are optimistic that we will win at the Supreme Court. After we win*, we anticipate the case will be sent back to the Superior Court - and to Judge Genuario - for trial sometime during the Summer, so that students with religious exemptions can return to schools in CT in September 2023, *if we win at trial. (This is where I believe in my soul we have them dead to rights!)
We have no control over how long the CT Supreme Court will take to make their decision. Even though all 7 Supreme Court members were appointed by Democratic Governors Lamont or Malloy, we are still very optimistic given the circumstances.
A reminder to anyone following this issue that the team of brilliant attorneys I assembled are the only attorneys in the country who have survived a motion to dismiss on this issue.
Further, our case is called ‘a novel case of first impression’, which means no one has ever tried this approach before. Mainly because CT has unique legal protections for religious freedom that other states do not have, and a team of attorneys who are personally impacted by this case.
Our team of 6 people are up against the State, who has unlimited resources to delay and pile the work on. We have knocked it out of the park thus far and will need all hands on deck for financial support as we prepare for the religious freedom trial of the century.
This is a unique opportunity to set a national precedent and hope you will also recognize the importance of this. We are so grateful for your inquiry!
You can show your support by writing checks to:
Lindy R. Urso, Trustee
Memo: CT Lawsuit- Spillaine
Mail them to:
Lindy Urso Law
810 Bedford Street, Suite 3
Stamford, CT 06901
Thank you all for your support, please share with your friends.
Video update from 3/27/23:
9/8/23 UPDATE: HELP DEFEAT PHARMA'S WAR ON RELIGIOUS EXEMPTIONS
SUPPORT THE MOST IMPORTANT ONGOING RELIGIOUS LIBERTY CASE IN THE COUNTRY!
HELP DEFEAT PHARMA’S WAR ON RELIGIOUS EXEMPTIONS
CONNECTICUT 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.
PLEASE MAKE YOUR TAX DEDUCTIBLE DONATION HERE:
https://donorbox.org/restore-religious-liberty-in-connecticut
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 we win this case in Connecticut, it will help secure religious exemptions in all RFRA states. We argue that state RFRA statutes do indeed apply to acts of the state 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!
The CT Attorney General’s office argues that both the free exercise of religion and the right to education are not “substantial claims”. Help us prove them wrong.
Thanks in advance!
Lindy Urso
Jim Mermigis
Kevin Barry
Lee Ann Ducat
Christina Martinez
LIBERTYNOW INC. IS A 501.C.3 ORGANIZATION
CT RELIGIOUS EXEMPTION LEGAL CHALLENGE UPDATE
UPDATE- November 16, 2022
Governor Lamont moved to Dismiss our case; his motion was DENIED, and he immediately appealed. As a result, there is an "automatic stay / freeze" of lower court proceedings pending the outcome of the appeal. We filed a Motion to Terminate that Stay and we are optimistic that the Judge agrees with us.
The stakes are higher than ever when considering that the CDC recently voted to include the experimental Covid shot to the required school schedule - outside of Home Schooling, the Religious Exemption will be the ONLY way you will be able to avoid your child receiving this unnecessary and potentially dangerous or even deadly shot. While the Covid shot is not currently on the childhood schedule, it is the elephant in the room.
HERE is a recording of the hearing on November 14th on our motion to Lift the Stay / Freeze on our challenge to the State of Connecticut's removal of the school vaccine Religious Exemption.
Please consider a financial contribution to keep this case alive and moving forward at full steam ahead!
Sign up HERE for email updates and invites to fundraisers!
Thank you all for your support!