At some point, society has to reach a decision so it can function. You can't just throw your hands up in the air waiting for some higher power with a clearer moral standing to show up and do something universally morally unambiguous.

We use the court system as a way of resolving conflicts where there are competing interests and arguments to be made. The Supreme Court had a similar situation happen 116 years ago, and they found that the public health interests outweighed the competing arguments.