New York Public School Vaccine Requirement Is Constitutional: Court
A federal appeals court in Manhattan ruled that New York City's law which requires children who attend the city's public schools to receive vaccinations is not in violation of the U.S. Constitution, according to The New York Times.
On top of that, a panel consisting of three judges affirmed a previous ruling which states that a child who receives an exemption to the vaccine requirement for reasons related to religious faith can be blocked from attending school in the event that another child is infected with an illness that could be prevented by administering a vaccine to them.
The panel of judges justified their ruling by citing a precendent set by a Supreme Court decision in 1905 which concluded that administering vaccinations was within a state's right to enforce "police power."
The three parents who filed the complaint argued that the vaccination requirement was in violation of their religious beliefs. Now that a ruling has been handed down, Patricia Finn, an attorney representing these families, states that the families plan to appeal the decision.
"I think the court will hear it," Ms. Finn says, referring to an appeal of the case's decision. "The issue is very timely, it's ripe. People are very concerned about vaccines and other drugs being pushed on children."
Meanwhile, New York City's Law Deparment is satisfied with the outcome of the case.
"We are pleased with this decision, which is in the best interest of the public health and protects city school children, their families and the broader community in which we all live," the Law Department stated.
While parents are not required to prove that vaccinations are in violation of their religious beliefs, they are required to explain in writing what their objections are on religious grounds, and it is up to the school in question to either accept or reject the explanation
For now, the parents will attempt to further argue their case in court, though the families that initially brought the case forward are facing financial difficulties with respect to meeting the costs of legal proceedings. However, they have received donations from supporters amounting to as much as $50,000, and they'll continue to seek donations in order to keep the fight going.
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