The Nebraska Supreme Court docket on Friday dismissed an appeal by a handful of Creighton College students who sought to be exempt from the private Catholic school’s COVID-19 vaccine mandate previous 12 months, arguing that obtaining the pictures would violate their religious beliefs versus abortion.

The state’s superior courtroom claimed it did not have jurisdiction, citing its 150-yr stance that persons cannot attraction orders denying or granting temporary injunctions. In this situation, a choose final year declined to concern a short term injunction that would have blocked Creighton University’s need that all students get the COVID-19 vaccination.

"Due to the fact the court’s denial of a momentary injunction was not a last purchase, we deficiency jurisdiction of the attractiveness and need to dismiss it," Justice William Cassel wrote for the court.

The 10 learners who sought the injunction claimed they experienced spiritual objections to the vaccines since they "ended up produced and/or tested employing abortion derived fetal cell traces."

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Laboratory-developed cell traces descended from fetuses that have been aborted decades back were employed in some early-phase testing of the Pfizer and Moderna vaccines and to expand viruses made use of to manufacture the Johnson & Johnson vaccine. The vaccines do not comprise fetal cells.

The Vatican declared in 2020 that it is "morally suitable" for Roman Catholics to receive COVID-19 vaccines dependent on analysis that employed cells derived from aborted fetuses when "ethically irreproachable" vaccines are not available.

Douglas County District Choose Marlon Polk stated in his September 2021 ruling that he wouldn’t purchase the mandate be temporarily blocked since he failed to think the learners would eventually prevail in court docket. Which is because the college students experienced signed a sort promising to get vaccinated at the time regulators entirely accredited one, the decide pointed out. The students appealed.

The Nebraska Supreme Court has dismissed an attractiveness by a handful of Creighton University pupils in search of to be exempt from the school's COVID-19 vaccine mandate very last year. (Lily Smith/Omaha Planet-Herald through WHD)

An attorney for the college students, Robert Sullivan, mentioned Friday that although he wished the state's large court docket had resolved the appeal on its merits, the reality that it was made the decision on a technicality permits the students to carry on their legal combat.

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"The wide the vast majority of the college students want to shift ahead with the case and see what we can get accomplished," Sullivan reported. Most of the college students went on to enroll at other educational facilities, he explained, although a person experienced more than enough school credits to graduate above summer months.

An lawyer for the college did not promptly return a cell phone messages left Friday by The searching for comment.

The personal college in Omaha is affiliated with the Jesuit buy of the Catholic Church, which teaches that abortion is a grave sin.

The university issued its mandate for students in August 2021, following the U.S. Meals and Drug Administration granted whole approval to the vaccine made by Pfizer. At the time, Creighton allowed only medical, not spiritual, exemptions to its vaccine needs. Nevertheless, the school additional a religious exemption in advance of the 2022-23 academic 12 months, Creighton spokesman Sam Achelpohl explained.

Students refusing a vaccine on religious grounds must fill out a sort and get approval from the university, in accordance to the school's website.

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Achelpohl declined to comment on Friday’s ruling or the ongoing lawsuit.