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In New York, unvaccinated kids may be sent home despite religious exemption, court says | Deseret News National
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In New York, unvaccinated kids may be sent home despite religious exemption, court says

Kids who aren't vaccinated can be sent home when another student has a vaccine-preventable illness, according to a federal district court ruling.

Vox reports that "New York City schools require all students to get a series of basic vaccinations in order to attend classes. But in New York State — along with several other states — laws say that parents can opt out of these requirements for religious reasons."

Nonetheless, school officials have sent children home if they are not vaccinated and another child in the school comes down with a disease that vaccines are known to prevent. Their reasoning is that the unvaccinated student may contract and further spread the disease.

Three families — two with religious exemptions and one that had not been granted one — sued over the issue.

"Citing a 109-year-old Supreme Court ruling that gives states broad power in public health matters, Judge William F. Kuntz II of Federal District Court in Brooklyn ruled against three families who claimed that their right to free exercise of religion was violated when their children were kept from school, sometimes for a month at a time, because of the city’s immunization policies," wrote Benjamin Mueller in the New York Times.

Mueller noted that "the Supreme Court, Judge Kuntz wrote in his ruling, has 'strongly suggested that religious objectors are not constitutionally exempt from vaccinations.'”

Kuntz cited the case of a Swedish immigrant living in Massachusetts who was fined $5 because he did not get an ordered vaccination during an outbreak of smallpox in the early 1900s. That case is considered the one that proves the government has a public-health right to order vaccinations to prevent outbreaks or to cope with them.

As background, the article said, "Some states also let parents claim a philosophical exemption, though New York does not. Some parents refuse to have their children vaccinated because of a belief that vaccines can cause autism, though no link has ever been proved."

Wrote Vox's Joseph Stromberg, "All this comes as increasing numbers of parents around the country are refusing vaccines, leading to outbreaks of a number of diseases that could have easily been prevented. Earlier this spring, during a measles outbreak in New York, the unvaccinated sibling of a home-schooled child who'd been infected was barred from attending public school. That sibling ultimately contracted the disease, and keeping him home prevented it from spreading further."

Vox also has a comprehensive set of "cards" that explain the fundamentals of vaccines, including much of the controversy, such as claims that vaccinations lead to autism. The Center for Disease Control and Prevention and other health organizations dispute that. Vaccines.com is the federal government's go-to website for information on vaccines. CDC also has information on individual vaccine-preventable diseases.

Email: lois@deseretnews.com, Twitter: Loisco

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