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Not Surprisingly CA Judge Dismisses
AVFCA's Religious Exemption Lawsuit

but an Appeal is already Filed!

The latest developments in AVFCA’s legal challenge to California’s SB 277 vaccine mandate with respect to the constitutional requirement of religious exemptions, have been heating up in the past few weeks.

On June 18, 2025, the lower court judge ruled to sustain the State’s Motion to Dismiss our Second Amended Complaint—without leave to amend, which means the end of the road for the case in the lower courts.  This was not a surprise ruling, given that it was a California judge and every nearly other case, regardless of state it was filed in, has resulted in a similar ruling.  AVFCA has always said this is likely to be won on Appeal or even at the Supreme Court level.  The full ruling can be read here:
https://avoiceforchoiceadvocacy.org/wp-content/uploads/2025/06/SB277-Dismissal-Ruling-June-18-2025.pdf

While this was disappointing, the court acknowledged a key point in our favor: two of our three plaintiffs were found to have standing—a critical step that strengthens our position moving forward. The judge had previously questioned standing, so this recognition is a meaningful win.

During the hearing, our legal team made strong arguments addressing both procedural and constitutional issues—particularly under the Free Exercise Clause of the First Amendment. The judge was well-prepared, engaged, and expressed interest in questions that signaled potential for higher court review. Our attorneys also highlighted the nearly 30% rate of secular exemptions within SB 277, emphasizing that even with conservative estimates, secular exemptions far outpace religious ones—a crucial point for our claim of unequal treatment.

Despite these arguments, the court ultimately sided with the State. However, the dismissal is not the end of the road. 

On July 17, 2025, AVFCA’s lawyers filed a Notice of Appeal, officially taking this case to the Ninth Circuit Court of Appeals. The next step is for the court to schedule a notice for briefing. The Notice of Appeal can be read here:
https://avoiceforchoiceadvocacy.org/wp-content/uploads/2025/07/SB277-Notice-of-Appeal-July-17-2025.pdf

One advantage AVFCA’s lawsuit has over other lawsuits on this issue, is that our lawyers were able to submit a supplemental brief, allowing for a significant increase in information submitted to the courts.  The only information that can be relied upon in an Appeal is information already before the court.  No new information can be brought before the Appeals court.

AVFCA remains committed to fighting for parental rights and religious freedom.

👉 Learn more about the case and stay updated here:
https://avoiceforchoiceadvocacy.org/litigation/ca-school-vaccine-religious-exemption-lawsuit/

Thank you for standing with us. Your support is vital as we move forward with this appeal and continue advocating for medical freedom in California and beyond.

Now is the time to stand up for religious rights for our children. Every voice, every action, every lawsuit brings us one step closer to reclaiming religious rights for all children across California.   As AVFCA brings you the lawsuit with the goal of bringing Religious Exemptions to School Vaccine Mandates, we ask you to dig deeply and donate all you can to support AVFCA's lawsuits and our efforts in 2025.  Thank you in advance for your dedication and support!

If you don't want to use PayPal, you can send a check, use Venmo or use Zelle:

Send Check to: A Voice for Choice Advocacy, 530 Showers Drive #7404, Mountain View CA 94040

Send Venmo to: @avoiceforchoice (Note: you have to search under "Business" to find us)

Send Zelle to: [email protected]

Thank you for your generosity.  Together we can make change happen!

C

Christina Hildebrand
President/Founder
A Voice for Choice Advocacy, Inc.
[email protected]
www.AVoiceForChoiceAdvocacy.org