United States Court of Appeals for the Second Circuit

“ The Caviezels' challenges to the dismissal of their First Amendment and equal protection claims and the award of summary judgment on their state law exemption claim fail to clear the common hurdle erected by the district court's factual finding, made after the preliminary injunction hearing, that they failed credibly to demonstrate “that they hold genuine and sincere religious beliefs which prohibit vaccinations.” ”

“ Right to Counsel
The Caviezels maintain that the district court erred in dismissing for lack of standing their claim that the form used by the New York State Education Department in assessing vaccination exemption requests chilled their right to utilize counsel by directing them to describe their objection to vaccination “in [their] own words.” J.A. 43. See generally Baywood Elec. Corp. v. N.Y. State Dep't of Labor, 232 A.D.2d 553, 554, 649 N.Y.S.2d 28, 29 (2d Dep't 1996) (commenting that due process affords party to administrative hearing “opportunity to be represented by counsel”) . ”

“ That finding precludes a viable claim that they have been injured in the free exercise of religion or that the government treats sincere religious beliefs disparately in violation of the Equal Protection Clause. ”