A New York requirement that all children attending public school be vaccinated has been upheld by a federal court.
On Wednesday, a three-judge panel of the Second Circuit U.S. Court of Appeals upheld a regulation by New York City health and education officials. The rule was being challenged on grounds that the law was discriminatory and that its local applications violated freedom of religion.
The court also upheld a regulation that allows school officials to prevent non-immunized children from going to school during an outbreak of vaccine-preventable diseases.
The state statute was being challenged by three New York City plaintiffs, who filed against the state Department of Health, the city of New York and the New York City Department of Education, according to the Wall Street Journal.
Two of the plaintiffs were challenging why their children were excluded from school when a fellow student was diagnosed with chicken pox — though they had been exempted from the vaccination requirement for religious reasons.
The third plaintiff was challenging the rejection of her daughter’s application seeking a religious exemption for a vaccine. The New York City Department of Education said her religious claims were not based on “genuine and sincere religious beliefs.”
Attorney Patricia Finn, who represented the three plaintiffs, said she planned to appeal the decision to the U.S. Supreme Court.
“People have the right to refuse medical treatment that could harm them,” she said.
“We are pleased with this decision, which is in the best interest of the public health and protects city schoolchildren, their families and the broader community in which we all live,” a city Law Department spokesman said.
