Indiana Nurses Fired After Refusing Flu Shots On Religious Grounds

The language is a bit archaic; but Locke really nailed it in his 'Letter Concerning Toleration':

"In the next place: As the magistrate has no power to impose by his laws the use of any rites and ceremonies in any Church, so neither has he any power to forbid the use of such rites and ceremonies as are already received, approved, and practised by any Church; because, if he did so, he would destroy the Church itself: the end of whose institution is only to worship God with freedom after its own manner.

You will say, by this rule, if some congregations should have a mind to sacrifice infants, or (as the primitive Christians were falsely accused) lustfully pollute themselves in promiscuous uncleanness, or practise any other such heinous enormities, is the magistrate obliged to tolerate them, because they are committed in a religious assembly? I answer: No. These things are not lawful in the ordinary course of life, nor in any private house; and therefore neither are they so in the worship of God, or in any religious meeting. But, indeed, if any people congregated upon account of religion should be desirous to sacrifice a calf, I deny that that ought to be prohibited by a law. Meliboeus, whose calf it is, may lawfully kill his calf at home, and burn any part of it that he thinks fit. For no injury is thereby done to any one, no prejudice to another man's goods. And for the same reason he may kill his calf also in a religious meeting. Whether the doing so be well-pleasing to God or no, it is their part to consider that do it. The part of the magistrate is only to take care that the commonwealth receive no prejudice, and that there be no injury done to any man, either in life or estate. And thus what may be spent on a feast may be spent on a sacrifice. But if peradventure such were the state of things that the interest of the commonwealth required all slaughter of beasts should be forborne for some while, in order to the increasing of the stock of cattle that had been destroyed by some extraordinary murrain, who sees not that the magistrate, in such a case, may forbid all his subjects to kill any calves for any use whatsoever? Only it is to be observed that, in this case, the law is not made about a religious, but a political matter; nor is the sacrifice, but the slaughter of calves, thereby prohibited."

Someone who exercises state power('the magistrate') may not either enforce or forbid specific religious practices without doing unjust violence to the religious liberty of others. However, merely attaching the stamp of 'religious practice' to a given action does not render it immune from magisterial power, so long as that power is exercised uniformly, and for the purposes that the magistrate is justly responsible for.

In this case, it would be clearly unjust(and unconstitutional, since the intellectual grunt work on the constitution was mostly done by Lockeian enlightenment types) to, say, suppress the 'Christian Scientists' for their curious abstention from most modern medicine. However, it would in no way be unjust to impose a uniform requirement on all medical workers in close contact with patients that they be immunized against common and dangerous infectious diseases, regardless of whether their objections are religious or otherwise.

Source: http://rss.slashdot.org/~r/Slashdot/slashdotScience/~3/SZRRKdYDeoU/story01.htm

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