Court Dismisses 1st Amendment, But Not Statutory, Challenge To Vaccination Requirement

In Caviezel v. Great Neck Public Schools, 2010 U.S. Dist. LEXIS 100451 (ED NY, Sept. 24, 2010), a New York federal district court held that the First Amendment does not give religious objectors the right to an exemption from New York's mandatory vaccination law for school children. The court however refused defendants' motion to dismiss plaintiffs' claim that New York's Public Health Law entitles parents with a sincere religious objection to have their children exempted from vaccination requirements. (See prior related posting.)