Two Syosset Hospital nurses suing to block vaccinations against COVID-19
Two nurses at Syosset Hospital, shown in April 2020, are suing to block the requirement they be vaccinated again COVID-19. Credit: Howard Schnapp
Two Long Island nurses are suing to block New York’s requirement that they get vaccinated against COVID-19.
In a suit filed Thursday in U.S. District Court in Brooklyn, the nurses from Syosset Hospital — Diane Bono of Seaford and Michelle Melendez of Wheatley Heights — argue that the mandate violates their First Amendment religious-freedom rights. A Syracuse hospital employee also is a plaintiff in the suit, along with the Connecticut-based We the Patriots USA.
"I love my job," said Melendez, who has been a nurse for 21 years, 18 of them at Syosset. "I always wanted to take care of and help people."
Melendez, who is Catholic, said that even though she could lose her job if she doesn't get inoculated by the Sept. 27 deadline, "I’m not getting the vaccine. It goes against my moral conscience and my faith."
Norman Pattis, a New Haven, Connecticut, attorney representing the plaintiffs, said the state "can’t single out religious expression for a regulatory action and then permit exemptions on other grounds."
He was referring to New York allowing an exemption for medical reasons.
Former Gov. Andrew M. Cuomo last month mentioned a religious exemption for the COVID-19 vaccine, but it was removed by the state’s public health and health planning council on Aug. 26, according to news reports.
Bono is a nondenominational Christian, and the Syracuse plaintiff, Michelle Synakowski, is Catholic, according to the lawsuit.
The plaintiffs object to what they view as the vaccines’ connection to abortion, the suit says.
The mandate requires "all health care workers in New York to choose between their religious beliefs and their jobs and careers," the suit states.
Pope Francis has urged Catholics to get vaccinated, and a number of prominent Christian leaders in the United States — some who are leading opponents of abortion — also have advocated vaccination.
The Johnson & Johnson vaccine was developed using clones of stem cell lines that were created decades ago using fetal tissue.
The Pfizer-BioNTech and Moderna vaccines don’t contain clones of stem cells, but the lab tests to confirm those vaccines’ effectiveness were developed using stem cell lines. Even so, religious bodies such as the U.S. Conference of Catholic Bishops have said it is morally acceptable to get the Pfizer and Moderna shots. The Diocese of Rockville Centre, which encompasses Long Island, advises parishioners to take the Pfizer or Moderna vaccines rather than the Johnson & Johnson one, if they have a choice,
But, Melendez said, "These are my deeply held and sincere personal religious beliefs. I’m not necessarily following the word of the pope or the Diocese of Rockville Centre. All three vaccines either in their research and development or production and manufacturing use fetal cell lines."
Melendez said the prospect of losing her job is "causing severe mental anguish."
Gov. Kathy Hochul and the state Health Commissioner Dr. Howard Zucker are listed as defendants in the suit.
The governor's office and health department said they do not comment on pending litigation.
Zucker said in a statement Aug. 16 that "the mandate will both help close the vaccination gap and reduce the spread of the delta variant."
In July, a coalition of several dozen leading U.S. organizations representing doctors, nurses, pharmacists and other medical professionals announced support for a vaccine mandate for health care workers. Their statement says that employees who cannot be vaccinated for medical reasons should be exempted, but it does not address religious exemptions.
The state in 2019 barred religious exemptions in vaccinations for schoolchildren. But Brian Festa, vice president and co-founder of We the Patriots USA, said New York is the first state he is aware of to bar a religious exemption in the workplace.
"These are the people on the front lines saving lives," he said. "They’re American citizens just like anyone else. They’re entitled to religious freedom and religious accommodation in the workplace just like any other employee."
With AP
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What to know
Two Syosset Hospital nurses are suing to block a state mandate that they get vaccinated against COVID-19 by Sept. 27 or face losing their jobs. A Syracuse hospital employee and a Connecticut organization also are plaintiffs in the suit.
The plaintiffs object to the vaccines on religious grounds. New York offers a medical exemption to vaccinations, but not a religious one. An attorney for the plaintiffs said that violates the First Amendment of the Constitution.
Pope Francis and other religious leaders who are anti-abortion are strong advocates of vaccination. But one of the Long Island plaintiffs, who is Catholic, said that no matter what church leaders say, the vaccines violate her personal beliefs.
David Olson covers health care. He has worked at Newsday since 2015 and previously covered immigration, multicultural issues and religion at The Press-Enterprise in Southern California.
