Protecting public health, and children's health in particular, through attainment of threshold inoculation levels for community immunity from communicable diseases is unquestionably a compelling state interest....Gothamist reports on the decision. (See prior related posting.)
Tuesday, August 27, 2019
NY Court Rejects Challenge To Vaccination Exemption Repeal
In F.F. on behalf of her minor children v. State of New York, (Albany Cty. Sup. Ct., Aug. 23, 2019), a New York state trial court judge rejected a class action challenge to recently enacted New York legislation that repeals the religious exemption to vaccination requirements for school children. The repeal was enacted in response to a measles outbreak earlier this year. The suit was brought by 55 families. The court refused to issue a preliminary injunction, finding that plaintiffs were unlikely to prevail on the merits of their free exercise, equal protection or compelled speech claims. The court concluded that the vaccination law was a neutral law of general applicability, and that the repeal was not action showing hostility to religious belief. The court concluded that plaintiffs did have a colorable argument that elevated scrutiny might be required under the hybrid rights theory, but that even if that is the case the state had a compelling interest in repealing the exemption:
