A lawsuit brought by anti-vaccine advocates won’t be heard by the Supreme Court, leaving a New York state pro-vaccine law in place.
Nicole Phillips sued New York City and New York state, challenging their requirements that children be vaccinated before attending public schools. She argued that the mandate violated her religious freedom, according to Politico New York. Phillips is Catholic.
The United States Court of Appeals for the Second Circuit dismissed Phillips’ suit in January. That court ruled that government has a reasonable interest in protecting children, which outweighs religious objections. “We conclude that the statute and regulation are a constitutionally permissible exercise of the State’s police power and do not infringe on the free exercise of religion,” the Court of Appeals decision read.
The New York law includes exemptions for religious and health reasons. Students receiving an exemption, however, can still be excluded from school temporarily in case of a vaccine-preventable outbreak. Phillips’ children had religious exemptions from the vaccines, but were excluded from school during a chickenpox outbreak, leading to her lawsuit.
One of Phillips’ co-plaintiffs, Dina Check, was denied a religious exemption for her daughter. Check, also a Catholic, testified: “How I treat my daughter’s health and her well-being is strictly by the word of God.” Check could not, however, identify any tenets of Catholicism that forbid vaccination. Check said she sought guidance from the Lord after her daughter had severe reactions to previous vaccinations. A magistrate judge eventually ruled against Check, saying her vaccination views were largely health-related and “did not constitute a genuine and sincere religious belief.”
The Circuit Court decision also reaffirmed that states can require that all children be vaccinated to attend public school. “New York law goes beyond what the Constitution requires by allowing an exemption for parents with genuine and sincere religious beliefs,” the Court of Appeals decision read. “The state’s more limited exclusion during an outbreak of a vaccine-preventable disease is clearly constitutional.”
Jason Russell is a commentary writer for the Washington Examiner.
