Baker v. USD 229 Blue Valley

Summary

**Baker v. USD 229 Blue Valley, 10th Cir. 2020** – Standing; Article III injury-in-fact; vaccination religious exemption. The Tenth Circuit affirmed dismissal for lack of standing, holding that a parent who received a religious exemption for her child from school vaccination requirements failed to show a concrete, imminent injury from the mere possibility the district might revoke the exemption. Her desire to have future "options" for homeschooling or child care was a "some day" intention insufficient to establish injury-in-fact. The court rejected pre-enforcement standing theories where no credible threat of enforcement existed.

Holdings

1. Ms. Baker has not shown an injury in fact because the district granted the exemption and has not indicated any intent to revoke; the threat of revocation is not imminent or credible.
2. Ms. Baker's desire to have options for S.F.B. is a 'some day' intention that does not establish actual or imminent injury.

Questions Presented

1. Whether Ms. Baker has Article III standing to challenge Kansas vaccination laws and religious exemptions based on the possible revocation of S.F.B.'s religious exemption.
2. Whether Ms. Baker has Article III standing based on her desire to exercise certain options for S.F.B.'s schooling or care (home schooling, school programs, licensed child care).

Disposition

affirmed