(WWJ/AP) A Catholic elementary school in Lansing has lost an appeal over a Michigan policy that required masks on young kids earlier in the COVID-19 pandemic.
While the statewide mandate ended months ago, some counties are stepping in and requiring masks in schools when the 2021-22 year starts.
Resurrection School and some parents sued in U.S. District Court in October of 2020, saying a state mask policy, as enacatd by the Michigan Department of Health and Human Services {MDHHS), violated the free exercise of religion, among other objections.
A judge refused to intervene and issue an injunction, and the 6th U.S. Circuit Court of Appeals affirmed that decision on Monday.
The court says it was a neutral policy that covered public and private schools. Read a copy of the court's decision here.
In a statement issued in support of the ruling, Michigan Attorney General Dana Nessel said that the court's decision further supports the idea that the health department has the authority to issue such mandates.
“This ruling affirms our continued stance that MDHHS was well within its jurisdiction to impose a mask mandate to help control the spread of COVID-19 as children went back to the classroom last school year,” Nessel said, in a statement. “As science has proven and now the Sixth Circuit agrees, enacting a mask mandate in the manner in which MDHHS did so does not violate one’s rights — it is a measure by which we can better protect public health.”
This comes as masks in schools remains a hotly debated issue in Michigan.
The Detroit Public Schools is among districts in the state to announce that will require masks in classrooms this fall, while others — including Utica Community Schools, the largest district in Macomb County — said it will begin the school year with a "masks optional" policy in place.
While the state is at this time leaving it to school administrators to make the call, MDHHS is strongly encouraging school mask mandates. In new guidance issued last week, the department said "layered prevention measures" — including "universal masking" — must be put in place for consistent in-person learning to keep kids, staff and families safe.