In the past year especially, we have seen an overwhelming amount of examples of the importance of people’s health taking precedence over religious beliefs. In this situation, the Governor of Connecticut, Governor Lamont, recently signed a religious vaccine exemption bill into law. This bill states that all students will now have to receive the required vaccinations in order to keep themselves and the public safe. The only students K-12 that are exempt from this new bill are students who have existing religious exemptions. The state Department of Public Health stated that there has been an increase in students who report a non-medical reason to be exempt from vaccinations. Governor Lamont stated, “This is an issue that I have spent a lot of time researching and discussing with medical experts, and it is something that I take very seriously knowing the public health impact it has on our children, families, and communities.” He recognizes the opposing viewpoint of how people will consider this to be an infringement on their religious liberties, but still makes it clear that under these circumstances the health of the general population is more important than one’s religious freedom.
The issue in the case is whether forcing students to receive required vaccinations in order to attend school is a violation of one’s free exercise of religion. The Connecticut Freedom Alliance and We the Patrics USA both are attempting to revert this law and reinstate the freedom for a parent to exempt their child from required vaccinations for religious reasons. The common argument for these organizations and concerned parents all around the state is that this new law is an infringement on their religious freedom.
In W.D. V. Rockland County, we see a similar problem. In New York, two students were exempt from attending school because they had not been vaccinated for religious reasons. A group of plaintiffs filed a complaint saying that the mandate “substantially burdened their religious beliefs by forcing them “to either engage in acts prohibited by their faith, that is, vaccinate, or lose state-created rights,” including the right to a public education.” When the NY Federal District Court reviewed the case, they quickly dismissed the opposition's argument strictly because this mandate served the purpose of protecting the general public from a very contagious and deadly measles outbreak. That case is a perfect example of how public health needs to come before religious freedom when dealing with such deadly viruses and diseases.
In Connecticut it seems as if the organizations and people who oppose this new law do not recognize the fact that them not receiving required vaccinations puts others at risk. No vaccination is 100% effective, so even if an unvaccinated person is surrounded by vaccinated people, there is still a chance they will spread it. This chance of spread increases when they are in a classroom with very little air flow surrounded by a large group of people. This law is not meant to be a burden for people who exclude themselves from vaccinations because of their religion. Instead, this law is meant to ensure that everyone who is gathering in a public setting has the highest chance of not only being immune to illnesses, but also being unable to transmit illnesses in the first place. Also another important fact to bring up is that the state of Connecticut is only forcing students to get vaccinated if they plan on attending school in person. As we have seen in the past year, attending school can be done virtually without any in person contact. Yes it would be more difficult for students, teachers, and parents, but this is always an option parents have if they are completely against getting their children vaccinated. When looking at this option, you see that parents are not being stripped of their religious freedom. They still have the option to exempt their children from these vaccinations, but in return they will have to adjust their academic lifestyle in order to keep the general public safe.
3 comments:
I agree with the author in this case, especially as we have all seen the importance and impacts of such decisions more recently. I think this is definitely a violation of Free Exercise, but this violation is constitutional and necessary given the state's compelling interest. Public health and safety absolutely needs to come before religious freedom. And, I think Jared brings up a great point, with the alternative options more readily available this past year for online learning, or just choosing a different school that might not require such vaccinations. There are other options available, but even if there weren't, I would still side with public safety in this case.
I found this blog post extremely interesting, as I had not heard any news of this new state statute. Similar to the author and other classmate I agree with Governor Lamont’s decision to no longer allow religious exemptions for K-12 students, because I see it the state has a compelling interest in denying this exemption. I see this bill as a necessity in order to get to a post-covid society and as Jared points out in his post there has been an increase in non-medical vaccinations exemptions and the bill states that "the only students K-12 that are exempt from this new bill are students who have existing religious exemptions". Since the bill is allowing students who already have a religious exemption it is more so targeted to individuals who are simply claiming religion in order to get out of getting their children vaccinated, and if that is the case their claim would not be sincere to begin with and they would fail the Lemon Test. My only concern with this bill would be for students who are entering into kindergarten or first grade who has parents who have a sincere religious objection to vaccinations, how would this bill impact their rights?
I agree with the author and my classmates on this decision. While there is clearly an incidental (not on purpose) burden on free exercise of religion the state has a clear overwhelming compelling interest to compel vaccinations. More importantly, this law is neutral to all citizens. Everyone who enrolls in school is made to get vaccination to further the states most important responsibility, to protect public health. While there are people who religiously oppose vaccines, this is the rare case where the state is not able to narrowly tailor a law that allows both free religious exercise and public health by making an exception. The nature of vaccinations and their importance overrides the interference with free exercise of religion in this situation. Moreover, students are not forced to attend public school. If parents do not want to vaccinate their children, they could opt for other schooling options like home school.
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