Vaccine Exemptions
All
states have vaccination exemption policies. Often the law
is on your state’s web site. You can also contact the state
health department to find out the legal exemption
requirements. Some states have prescribed forms you must
use for exemptions; other states allow you to write your
own. If there is no state mandated form, you should word
your exemption exactly according to the law in your state.
Every state has medical exemptions. Every state, except
West Virginia and Mississippi, has a religious exemption.
Eighteen states currently have philosophical exemptions.
The military has both medical and religious
exemptions ,
A
table with all the state vaccine exemptions listed and
linked is
http://www.nvic.org/Vaccine-Laws/state-vaccine-requirements.aspx
The US Supreme Court has upheld the right of parents to
refuse to vaccinate their children on religious grounds. It
has not upheld philosophical exemptions. However, the
rulings from the Supreme Court also should protect the
rights of parents who choose a philosophical exemption.
Several states require that parents must belong to an
organized religious group in order to claim a religious
exemption. The US Supreme Court has ruled this requirement
unconstitutional. Religious exemptions are available to
people who have personal religious beliefs against
immunizations. Additionally, the right to claim a religious
exemption is available to those who are members of
traditional religious groups but have their own
understanding of what is required of them as a member of
that religious group.
The following information wass posted on the Informed
Parents Vaccination Home Page and explained several of the
US Supreme Court rulings.
“Our
legal rights are guaranteed by the free exercise clause of
the First Amendment to the U.S. Constitution. States can
only go against this if they can prove a compelling state
interest is at stake. But recent court decisions have
upheld the rights of individuals seeking exemptions from
immunizations based upon "personal" religious beliefs.
(Sherr and Levy vs. Northport East-Northport Union Free
School District, 672 F. Supp. 81, (E.D.N.Y., 1987);
(Allanson vs. Clinton Central School District, U.S..
District Court, Northern District Court, Northern District
of New York (84 CV 174), 1984; Campain vs. Marlboro Central
School District, Supreme Court Ulster County Special Term,
Nov. 15, 1985; Brown vs. City School District, 429 NYS2d
355; Maier vs. Besser, 73 Misc.2d 241).
On the U.S. Supreme Court level in Frazee v. Illinois Dept.
of Security, 489 U.S. 829, 1989, it was found that a state
may not deny an exemption simply because a person is not a
member of a formal religious organization. In addition, the
Supreme Court has noted that nontraditional beliefs,
including secular humanism, atheism, and nontheistic
faiths, are all "religion" for the purpose of free exercise
analysis. The Supreme Court in Fowler v. Rhode Island, 345
U.S. 67 (1953) held that it was "no business of the courts
to say what is a religious practice or activity for one
group is not religion under the protection of the First
Amendment."
If
you aren’t sure whether or not you qualify for a religious
or philosophical exemption, you can access the Religious
and Philosophical Exemption Worksheet for help in making
your determination.
Please Note: When
the CDC and Homeland Security declared H1N1 a National
Public Health Emergency, they opened the door for
enforcement of the provision that declares all exemptions
may be waved in the event pandemic conditions are declared.
This means that no medical condition, religious or
philosophical conviction, or other situation will have to
be honored.
Vaccine
Exemption and Military Service
AT
one point in time, one of my sons had a desire to join a
branch of the military. He has had a religious exemption
for immunizations for many years and we had talked several
times about what he planned to do about vaccines if he
joined the Army.
I have spoken to many veterans who all assured me that once
you joined the military you were at the mercy of Uncle Sam
regarding vaccines. News stories that came following the
initiation of the anthrax vaccine gave some credence to
that theory, but I was relatively sure that there must be
some waivers given, at least for medical reasons, if not
for religious reasons.
Thankfully, I ran across an article on Dr. Mercola's site
that answered the question with some real information. I
was not surprised to find out that these vets had not been
given the whole story. My son's trip to his recruiter
confirmed the information as correct, although he did say
that most people were not aware of the religious exemption
option and that military recruiters were not giving the
information out to new recruits.
Signing
Up for a Religious Waiver in the
Military
There is a one-time window to express and receive a waiver
of vaccines. The military applicant must express his or her
objections when signing up or enlisting. The applicant must
state their objection as either medical or religious
conscience. Once stated, they will be given the appropriate
paperwork to document the waiver. If the applicant does not
express the objection at this time, they have given the
military the right to vaccinate with whatever they desire.
If your waiver is refused at the time of enlistment, you
should refuse to sign and take the matter up with the
recruiter's supervisor. Do not let the recruiter convince
you that there are no waivers for military personnel.
For
Current Service Members
In 2005, Congress upheld the refusal of some military
personnel regarding the anthrax vaccine. This refusal did
not apply to any other vaccine. Some military personnel
were court-matialed, demoted in rank, fined, and otherwise
disciplined for their refusal.
As more and more people are looking into the vaccine issue,
I am sure there will be other challenges to the military
vaccine policies. I salute those courageous men and women
who stood up for their rights and were willing to suffer
the consequences. I also salute those in Congress and
elsewhere who helped publicize the problem and win a
victory for those who refused.
In Oct. 2004, Judge Sullivan issued an injunction against
the use of the anthrax vaccine on our military personnel.
His injunction was issued because there was no true
informed consent and because the claim that the vaccine was
safe and effective for use as claimed had not been proved.
Thankfully, his courage to take a stand may made a
difference for those who were still under charges for
refusing to obey an order andsaw rank and pay returned.
Policies will never change if no one challenges them.
Challenges to authority never come without a price. Perhaps
those willing to lead the challenge may eventually do away
with mandatory vaccines to those service men and women who
don't have waivers.
Contact
Information:
Kathy
Barr, CCD, CCCE, CCM, BE, PE, CVE, Traditional Naturopath
817-819-8457
