Barnett v. INOVA Health Services
Description: A health services employee is suing her former employer over religious objections to a COVID-19 vaccination requirement.
ADF to 4th Circuit: Courts are not religious inquisitors
The following quote may be attributed to Alliance Defending Freedom Senior Counsel and Vice President for Appellate Advocacy John Bursch regarding a friend-of-the-court brief ADF attorneys filed Wednesday with the U.S. Court of Appeals for the 4th Circuit in Barnett v. INOVA Health Services. In the case, a lower court ruled that a health services employee did not have sufficient religious objections to a vaccine requirement by her employer:
“America’s legal system is built on a foundation that highly respects the religious beliefs of individuals, and the First Amendment and Title VII uphold these ideals. The district court made an astonishing conclusion that Ms. Barnett’s religious beliefs in prayer and guidance by God were not specific enough to file a religious objection claim with her employer over the COVID-19 vaccine. The U.S. Supreme Court has provided guidance to lower courts to respect the religious beliefs of all Americans; courts are not meant to act as religious inquisitors when evaluating beliefs under Title VII and the First Amendment. We are urging the 4th Circuit to overturn the lower court’s decision and uphold the religious protections that all Americans enjoy.”
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.
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ABOUT John Bursch
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position. Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School and is admitted to practice in numerous federal district and appellate courts, including the U.S. Supreme Court.