Gh0st
Well-known member
This actually happened a little over a month ago, but I just got around to reading the New England Journal of Medicine article about it.
California has passed Senate Bill 277 disallowing both religious and philosophical exemptions to certain vaccines prior to being enrolled in both public and private elementary schools, secondary schools, and day-care centers. The vaccines required are diptheria, HIB, MMR, pertussis, polio, tetanus, Hep B, and Varicella (chicken pox). Medical exemptions are still allowable under the current bill.
This bill undoubtedly has its opponents, who have largely argued that this violates their First Amendment right to freedom of religious expression. Also, 16 states, including California, have elevated education to a fundamental right, which is argued this bill violates as well. The Federal government does not consider education a fundamental right.
The U.S Supreme Court has never had to evaluate the application of the First Amendment when it comes to freedom of religion versus protecting the health of others in the specific case of vaccines. Notably, the Court has ruled in other matters of freedom of religious expression versus public health in favor of upholding public health. The biggest example being Prince v. Massachusetts in 1944, which limited parents ability to refuse medical treatment for their children on the bases of religious difference.
Where do you fall on the issue?
California has passed Senate Bill 277 disallowing both religious and philosophical exemptions to certain vaccines prior to being enrolled in both public and private elementary schools, secondary schools, and day-care centers. The vaccines required are diptheria, HIB, MMR, pertussis, polio, tetanus, Hep B, and Varicella (chicken pox). Medical exemptions are still allowable under the current bill.
This bill undoubtedly has its opponents, who have largely argued that this violates their First Amendment right to freedom of religious expression. Also, 16 states, including California, have elevated education to a fundamental right, which is argued this bill violates as well. The Federal government does not consider education a fundamental right.
The U.S Supreme Court has never had to evaluate the application of the First Amendment when it comes to freedom of religion versus protecting the health of others in the specific case of vaccines. Notably, the Court has ruled in other matters of freedom of religious expression versus public health in favor of upholding public health. The biggest example being Prince v. Massachusetts in 1944, which limited parents ability to refuse medical treatment for their children on the bases of religious difference.
Where do you fall on the issue?