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The Wexler Decision
Until 1987 New York's law requiring vaccination of
school-aged children provided a religious exemption only to "bona
fide members of a recognized religious organization," but in that
year a United States district judge ruled that limiting the
exemption in this manner was unconstitutional.
| The United States
Constitution mandates that, if New York wishes to allow a
religiously-based exclusion from its otherwise compulsory
program of immunization of school children, it may not limit
this exception from the program to members of specific
religious groups, but must offer the exemption to all persons
who sincerely hold religious beliefs that prohibit the
inoculation of their children by the state.
Judge Leonard D. Wexler
United States
District Court, Eastern District of New York
October 21,
1987 |
As a result of the decision New York amended its law
to read:
This section shall not apply to children whose
parent, parents, or guardian hold genuine and sincere religious
beliefs which are contrary to the practices herein required, and
no certificate shall be required as a prerequisite to such
children being admitted or received into school or attending
school.
The combined cases that led to Judge Wexler's ruling
were brought in two separate suits by parents against their local
school board which was insisting on vaccination despite the parents'
claims of religiously based exemption. A careful reading of the
decision is encouraged to understand why one family won and the
other lost in their efforts to receive the sought after religious
exemption. The Wexler decision is presented here for your study in a
number of forms.
Web pages:
Entire document as Word File wexler.doc
Entire
document as Text File wexler.txt
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