A Bill Clinton-appointed federal judge on Friday ruled that parts of Montana’s “vaccine discrimination” law were unconstitutional.
House Bill 702 (“HB 702”) was passed by the 2021 Montana Legislature and became effective when signed by Governor Gianforte on May 7, 2021.
The bill had barred employers from mandating vaccines or requiring employees share their vaccine status.
HB 702 states:
The law prohibits discrimination based on vaccination status or having an immunity passport.
The Gateway Pundit noted:
According to KXLF, “the Montana Medical Association, Montana Nurses Association, a number of medical facilities and impacted individuals challenged the law saying it “jeopardizes physicians’ ability to maintain best practices now in place for protecting patients and staff from vaccine-preventable diseases” and alleged the law is unconstitutional in regards to health care facilities.”
U.S. District Court Judge Donald Molloy ruled on Friday that the “vaccine discrimination” law was unconstitutional and conflicted with federal law.
US District Judge for the State of Montana, Donald Molloy, made his preliminary injunction from March permanent against healthcare workers seeking protection from vaccine mandates through HB-702, the vaccine non-discrimination law. #mtpol #mtnews https://t.co/lW8BcIm1Q1
— Western Montana News (@WesternMTNews) December 11, 2022
Montana Free Press reported:
A federal judge in the U.S. District of Montana ruled late Friday that Montana’s law barring discrimination based on vaccine status is unconstitutional and preempted by federal law as it applies to healthcare settings, bringing a resolution to a lawsuit filed against House Bill 702 by Montana hospitals, private medical providers, unionized nurses and immunocompromised patients.
The 41-page ruling written by Judge Donald W. Molloy found that, while justified by state attorneys as an anti-discrimination measure, the law effectively restricts health care employers from using vaccination status to “assist with setting workplace policies or vaccination regarding any vaccine-preventable disease.”
Plaintiffs included Providence Health, Western Montana Clinic, Five Valleys Urology, the Montana Medical Association, the Montana Nurses Association and four individual immunocompromised patients. In a statement, Nurse’s Association attorney Raph Graybill called the order “a win for all Montanans, who shouldn’t have to worry about catching an infectious disease when they go to see the nurse or doctor.”
“The trial showed that attacks on public health and ordinary vaccinations … put Montanans at risk,” Graybill said.
Join the conversation!
Please share your thoughts about this article below. We value your opinions, and would love to see you add to the discussion!