QUESTIONS
AND ANSWERS
About
Vaccine
Exemptions and Waivers
Questions and Answers are
presented
here for general educational purposes only, and are not intended to be
legal advice. Few vaccine exemption questions are truly short-answer
questions; rights vary with the specific facts in each situation. For
more complete information, consider purchasing The Authoritative Guide to Vaccine
Legal Exemptions e-book, or
schedule a consultation.
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42. Q: If we do not attend church, never have, should we
start?
Or pick a religion to claim as our own for the purpose of religious
exemption?
A: Depending on your state's
laws and applicable legal
precedent, you may or may not have to belong to an organized religion
to qualify for a religious exemption. However, joining one for the
purpose of avoiding immunizations has caused some people to be denied
the exemption right, as it gave the appearance that the beliefs were
not sincerely held. Also, some religious organizations may not be
recognized by some states, so beware of "mail order" church memberships
and churches founded on principles that are philosophical rather than
religious.
41. Q: I understand that
in
[our state], parents are now allowed to change to religious exemptions
after having already given their children some vaccinations. RA, March
2007
A: There
is federal legal predent
supporting religious exemptions to
immunizations based on present beliefs, regardless of prior
immunizations, that may apply in some situations. The practical
questions this raises are whether or not this may give the appearance
that your claims are insincere, and whether or not you may need an
attorney to make the argument on your behalf in order to convince local
authorities to cooperate with you.

40. Q: I would like to
know
if I have right not to have my children vaccinated due to studies and
research on the reactions from these vaccinations. TS, March 2007
A: Unfortunately,
it is not any
specific research per se that
determines your exemption rights, but present law. The place where
research that is contrary to current policy and law may be
meaningful is with efforts to change policy and law--that is,
state and national
policy-makers and lawmakers. See The
Pandemic Response Project for
information about efforts to expand
the right to choose concerning vaccines.
39. Q: If I were to
homeschool, would I have to jump through any legal hoops to avoid
vaccinating? BR, March 2007
A: Since
states are concerned with
the spread of disease within their
geographical borders, it is likely that state exemption laws apply to
homeschoolers as well as public school students, but this may vary from
state to state.

38. Q: Do you know of any
organizations that are actively trying to remove vaccine mandates on a
national level? I personally feel removing mandates state by state is
extremely costly and a waste of money. April, February 2007
A: The
U.S. Congress lacks authority to
enact laws requiring vaccines for
state residents under the U.S. Constitution, which is why all such laws
are at the state level.
So, this is something that needs to be undertaken state by state for
each state's residents. Federal law needs to be
changed for federal jurisdictions--e.g., the military, immigration,
U.S. territories, and matters concerning the interstate spread of
disease or diseases coming into the U.S. for other countries. See The
Pandemic Response Project for
information about efforts to expand
the right to choose concerning vaccines.
37. Q: How the heck do I
prove our convictions [with overseas adoption exemption
requirements])? We believe it is due to religious, medical
and moral reasons. Have you written any such exemption for
I-601? LR, February 2007
A: The
federal government allows for
exemptions to vaccines for
immigrants, including children adopted from overseas, for
religious
and philosophical reasons. However, these must be presented in the
specific manner required by applicable regulations. You should consult
a knowledgeable attorney
for immigration waivers, to avoid delays or a denial of the exemption
due to having not met the specific requirements and format. There is
more information about immigration waivers in The Authoritative
Guide to Vaccine Legal Exemptions
e-book and on the Exemptions
section of this site.

36. Q: My daughter
received
her 4 month vaccination shots and weeks later she started having muscle
spasms which turned into seizures. She was in the hospital for 3 days
and doctors could not figure out what was wrong. I mentioned the
possibility that her seizures could be related to her vaccinations and
the doctors did not want to comment. I am afraid to give her more
vaccinations. How can we be exempt from vaccinations and can we file a
lawsuit against the local Health Department? EW, February 2007
A: Your
child may qualify for a medical exemption,
but you'll
probably
need a medical doctor's recommendation. Medical exemptions have
limitations--they may be temporary, only for the vaccine(s) believe to
have caused an adverse reaction, and may be overturned by the state
despite a doctor's recommendation in some states. There are often
strict guidelines for which medical conditions qualify for exemptions
to what vaccines. Given these limitations, you may also wish to
consider a religious
or philosophical
exemption.
As
for the lawsuit, if
the person administering the vaccines acted
within customary practice, a lawsuit is unlikely to be successful, but
you
should consult a local personal injury attorney who handles vaccine
injuries for more information. You may also be eligible for state or
federal compensation under Vaccine Injury Compensation Programs (Here's
a link
to the federal program; some
states may also have compensation
programs). The NVIC
website lists vaccine injury
firms and attorneys.
35. Q: How can a
parent who is concerned about harmful vaccinations be held neglectful
for not immunizing a child being cared for by him/her? MH, January 2007
A: This
matter is about legal
technicalities. There are only three
"places" you can be with regard to required immunizations: 1) You are
up to date with all legally required vaccines, 2) You are properly
exercising a valid legal exemption, or 3) You are doing neither of
these first two. If you are in that third category, you may not be in
compliance with the law, and therefore be vulnerable to claims of
medical neglect and prosecution for failure to immunize. So, take steps
to comply with your state's immunization laws by vaccinating or
exercising a valid exemption. Then, take steps to help raise awareness
and support for more reasonable laws that allow parents to make
informed choices for their children. See The
Pandemic Response Project for
information about efforts to expand
the right to choose concerning vaccines.

34. Q: Can you explain to
me
what a vaccine exemption is? What does it cover and who is eligible to
claim such an exemption? SL, January 2007
A: See
the Introduction to Vaccine
Legal Exemptions article on this
site.
Also,
while no one is
required to hire an attorney to exercise a legal
right, consulting
one knowledgeable
in
this area of the law can help
you avoid future complications and the unnecessary loss of your
exemption right that has occured with others. Attorneys make lots of
money assisting people with problems that could have been avoided had
the client consulted an attorney up front.
33. Q: I lost custody
today
because I use homeopathic remedies, natural organic foods and no
vaccines to support my child's health. The judge ordered that the child
be given all of his vaccines . . . is there anything I can do? RK,
January 2007
A: The
order can possibly be
appealed, but one really should approach this
matter properly in advance to have the best chance of winning at trial
or on
appeal. There are procedures whereby one can request that an order be
"stayed" (not carried out) pending the outcome on appeal. Specific
procedures and options will vary from state to state, so consult a
local attorney for more information. In the meantime, my e-book
discusses arguments favoring non-vaccinating parents in vaccine custody
disputes that family law attorneys are not aware of, and I have worked
successfully with family law attorneys in several states in vaccine
custody disputes--there are often strong legal arguments supporting the
pro-exemption parent that judges and family law attorneys are not aware
of. But it can be very difficult ot "fix" these once the matter has
been adjudicated--it is far better (indeed, probably necessary) to
organize your legal arguments in advance of trial.

32. Q: Our children have
received homeopathic vaccinations--is this sufficient to meet the
immunization requirements? SS, January 2007
A: Unfortunately,
the question is
not whether or not you have taken
reasonable steps to protect your children, but whether or not you have
complied with applicable laws. Unless your state's laws allow
homeopathic
prophylaxis as a substitute for medical vaccines (and I doubt that any
state laws currently allow this), you must either be up-to-date on the
required
immunizations or exercising a valid legal exemption.
31. Q: I have been
instructed
that I must sign a notarized affadavid saying that I will immunize my
infants in 30 days in order to adopt them from Guatemala. Is there any
way around this? AV, January 2007
A: U.S.
immigration laws require
immunizations for foreign adopted
children, but the requirement can be waived for religious reasons. This
requires form I-601 and supporting documentation meeting specific
requirements. You should consult a knowledgeable attorney to ensure
that you follow the correct procedures, to avoid losing the exemption
or delaying the adoption. This is discussed in-depth in my e-book and
is introduced on the exemptions section
of this
site.

30. Q: I sent a letter to
my
child's school from my place of worship stating that our objection to
vaccines had to do with ingredients from animals that the Bible
describes as unclean animals that we are forbidden to touch, let alone
inject into our bodies, and furthermore, that the effects of vaccines
are detrimental to a child's health and development--the rate of autism
has been linked to vaccines. In response, the school has given us 10
days to provide a written explanation of our beliefs. Please help. LN,
January 2007
A: What
you describe sounds like a
mixture of religious and
non-religious reasons--that may have signaled the school system that
your objections are not primarily or sincerely religious. It may be
fine to have both religious and non-religious objections to
immunizations, but non-religious reasons do not apply to a religious
exemption, and asserting them in support of religious beliefs can cause
you to lose the exemption. Your "statement of religious beliefs" can
make or break your exemption, so it is wise to consult an
experienced attorney when drafting this, as there are pitfalls that
have caused some to lose their exemption rights unnecessarily.
I have helped hundreds of clients develop these statements, and have a
good feel for what will and won't work in a variety of different
situations and circumstances.
29. Q: Our baby is due
soon.
We do not want our child vaccinated. What documentation do we need to
present to the hospital? LS, January 2007
A: It
is probably best to state your
wishes in writing, and in the form
of a declared exemption under state law, and to give a copy to the
hospital staff well in advance of the due date, to avoid accidental
vaccination against your wishes due to routine birthing procedures.
Find out what the requirements and procedure are for a valid legal
exemption in your state, and provide documentation to all concerned of
your exemption declaration and exempt status. Follow up to be sure that
all have received and are actually aware of your position on the matter
in advance, so you will be free to focus on the birth experience.

28. Q: I am trying to
find
out how to be exempt from immunizations and still fall under the law of
a "bonafide religious reason". Can you give me any
information on this? NR, January 2007
A:
This is not a short-answer
question, as each person's or family's
beliefs will ultimately be unique. The U.S. Supreme Court has defined
'religion' broadly for legal purposes, and federal courts have applied
that definition to vaccine religious exemption cases. Depending on your
state's requirements, your personal religious beliefs may be sufficient
to qualify for a religious exemption. See the article on this website
about vaccine religious exemptions,
and consider a consultation
or The
Authoritative Guide to Vaccine Legal Exemptions
e-book on for additional information.
27. Q: Can I claim an
exemption if my children are partly vaccinated? MK, November 2006
A: There
is federal precedent that
says only a present belief is
necessary (and one's beliefs can change), but its applicability depends
on the specific circumstances and your geographical location; but
generally, yes. My e-book
and consultations
provide a more complete
explanation.

26. Q: A statute requires
TB
skin testing or a chest x-ray for incoming teachers. I feel as though
this imposition is unconstitutional. Is there anything that you would
advise me to do about this? DD, November 2006
A: TB
skin testing is not a vaccine,
and can't be avoided under vaccine
exemption laws. This would have to be researched separately. The bottom
line is, if there is a law providing an exception and you qualify, you
may refuse it for that reason.
25. Q: I was just told by
a
private, church-owned preschool/daycare that their policy will not
allow my children to attend their school because I do not immunize my
kids. Our older children attend a Catholic school where they
just followed the state's advice in having us sign letters stating that
we do not immunize our children due to religious beliefs. Is the
preschool discriminating, or since they are a private institution can
they do this? MH, October 2006
A: The
answer to this question
varies with the specific wording of each
state's laws. Some states' private schools have to honor exemptions,
others may not. A relevant practical question may be whether or not you
want your child in a school where he or she is not wanted? If so, then
inquire further to determine whether or not your state's laws apply to
private schools.

24. Q: I have even
considered
carrying with me a document that says something to the effect of
“if the hospital will take full responsibility for ANY
adverse reaction or ANY complications from the vaccine either now or in
the future, then I will consent to vaccination”. Is there any
problem with this? WM, August 2006
A: These
sound good, but in practice
are a bad strategy. Problems include: 1) No one
would ever sign such a form,
because they don't have to; and you still have to get any legally
required vaccines; and 2) If you are doing this in place of exercising
an exemption, you may not be in compliance with the law, and subject to
legal penalties accordingly, including being reported to child
protective services for medical neglect.
23. Q: After speaking
with
the school and with a representative of the state immunization office,
I am told that our only option . . . is to have a [state] licensed
physician stipulate that it would be medically detrimental [for our
college-bound daughter] to be forced to meet the immunization
requirements. What can we do? ML, August 2006
A: Curiously,
not all states require
immunizations for college students
(not yet, anyway). If your state requires vaccines for college
students, it will also offer one or more exemptions, and you may refuse
any legally required vaccines if you qualify for an exemption. These
laws will vary from state to state, of course. See the links to state
laws on this site. Most states
offer religious exemptions (and what
qualifies is broad), and many offer philosophical exemptions as well.

22. Q: I was recently
told
that the religious exemption we plan to use for school is an "all or
none" situation and that if we were to choose to vaccinate for one of
the vaccines, it would void our religious exemption. Is this
true? JC, August 2006
A: Few
if any states' laws appear to
explicitly allow parents to "pick
and choose" which vaccines they will get. If your state's
laws do not provide this option explicitly, it is likely that the
religious exemption law contemplated an "all or nothing" approach, and
that an attempt to "pick and choose" would risk voiding the exemption.
There may be arguments supporting a religious exemption to only some
vaccines--e.g., avoiding only those whose development involved the use
of aborted fetal tissue--but the practical reality is that such an
argument may not be allowed and require a formal legal proceeding, the
outcome of which would not be certain (and could potentially involve a
series of appeals). This is a strategy that should
be employed only after consulting an attorney about the possible
procedures and associated costs, and possible outcomes at each stage of
the litigation.
21. Q: I got an exemption
form free of charge through [Internet vaccine organization]. Is there
any problem with this? AM, July 2006
A: YES!
If there is a form for
claiming an exemption in your state,
your state's health department will create and provide that form. Forms
from Internet sites
are sometimes used successfully, but they may not comply with your
state's laws, so are risky--why take the chance? Check your state's
statutes and
regulations, and do what they say--use a form only if required and
provided by your state.

20. Q: I am about to
enroll
my son in the public school system. My spouse, who is a member of an
Indian tribe, and I do not believe in vaccinations, but are not members
in any religious organization. We have a firm spiritual conviction
against immunization. What are our rights? KE, July 2006
A: Requirements
for a religious
exemption vary from state to
state--some states require membership in an organized religion, some
don't. (Whether or not there is a way around the requirement in states
that do is a question beyond the scope of this FAQ page). In states
that don't have such requirements, federal precedent supports your
right to claim an exemption based on your personal religious beliefs,
so ultimately, it doesn't matter whether or not you belong to an
organized religion in those states. The more practical question may be
whether or not you will need to have an attorney make that argument for
you--citing the specific legal precedent that supports your rights
under the specific facts and circumstances of your life-- in order for
local officials to hear and respect that right. That would depend in
part on what the specific procedure for exercising the exemption is in
your state, and what the specific situation is.
19. Q: We live in Cananda
and
are planning to move to [a foreign country]. Are vaccines required for
school there? Do we have any options? FB, June 2006
A: Vaccine
requirements in any given
country are determined by that
country's laws, so you'd have to consult with the proper official or
source for the laws of
the country you will be moving to.

18. Q: My child's next
doctor
visit (she'll be 4 months old) is coming up soon and the doctor says
they will no longer see her if she doesn't get vaccinated at that
visit! What should I do? CC, June 2006
A: A
private medical practice may be
able to legally refuse patients,
but if they have ties to government (e.g., accept Medicaid), and you
are exercising a religious exemption, they may be violating your First
Amendment, Constitutional rights. You may wish to consider informing
them in writing that you are exercising a valid legal exemption and
offer to provide them with documentation for their file--if their
concerns involve liability fears, this may help. However, if the
doctor's bottom line is that they do not want to treat an unvaccinated
child--legal exemption or not--you may be better off changing
pediatricians...why insist on services from someone who doesn't want to
provide them to you? Consider also complaining to the state medical
board if you feel the doctor's policy is unlawful or unethical. Most
states have state medical board websites posting medical ethical rules
and
complaint procedures when you feel a medical professional has violated
them.
17. Q: Do you have any
experience with exemptions for students entering medical school? BH,
May 2006
A: There
are two parts to this
question: 1) Immunization requirements
and exemptions for college students generally, and 2) immunization
requirements of the hospitals and other facilities where healthcare
students often are required to do clinical work. The first is answered
by state
immunization and exemption laws. If the student has religious
objections, there is federal law that may support non-immunization.
This is a more involved issue that is discussed in my e-book
and could be explored in a consultation.

16. Q: Do you have free
information booklets for people in illinois? Or do you have some for
sale? I need something to help me with employment and children in
school. Thank you so much for being there for those that haven't the
time to study.... JJ, April 2006
A: The
Authoritative Guide to
Vaccine Legal Exemptions e-book
provides
in-depth information for people concerned with vaccines in work and
school, as well as many other situations (adoption, immigration,
college, the military, etc.). The information is provided to enable
anyone concerned with U.S. vaccine exemptions and waivers to make
informed decisions. There is also free
information on this site. To
have your specific situation evaluated, consider scheduling a consultation.
15. Q: I have had immense
intimidation and pressure to immunize [our new baby]. I am
fearful to step into the pediatricians office because I do not know the
best way to defend my stance. I would like any bit of advice you might
have to keep her away from vaccines and the accusations that I am a
bad/neglectful parent. Any ideas? NF, March 2006
A: This
is unfortunate, and can be a
tough situation. Legally, you
should at all times be either up to date with any required
immunizations or exercising a valid legal exemption. (If you are
exercising a legal exemption, you can't simultaneously be neglectful
for not vaccinating...) Any other status leaves you vulnerable to
claims of neglect and/or possible penalties for failing to comply with
vaccination
requirements.
If
you are exercising a
valid legal exemption, there's not much you
need to say to you doctor other than to inform him or her of that fact.
If it's a religious exemption, you might say, "thank you for your
concern; the state says I can put my faith in God, and I have elected
to do that..." Don't try to explain the reasons for your exemption,
that just gives the doctor something to argue with you about. Diffuse
the situation the best you can--acknowledge his or her good intentions,
but politely hold your ground--it's your right.

14. Q: We are thinking of
joining the Christian Scientist religion . . . to avoid mandatory
vaccination. Do we need to consult a vaccination lawyer, since I have
read that in the event of an outbreak, that religious exemptions might
not be honored? SS, March 2006
A: If
you join a church for the
purpose of avoiding immunizations, you
are at risk of losing the exemption, as that may be construed as
evidence that your beliefs are not sincerely held. In most states, it
probably doesn't matter whether or not you belong to an organized
religion with tenets in opposition to the immunization requirements,
and some states do not have authority to question the sincerity of your
beliefs, so start by checking your state's
statutes and regulations.
As
to the application of
religious exemptions in a outbreak, states
have authority under the Constitution to withdraw non-medical
exemptions during an outbreak or declared emergency. Whether or not any
given state does this depends on the specific wording of each
individual state's laws. Many states require
unvaccinated students to stay home during a local outbreak, for the
incubation period of the outbreak disease--e.g., 21 days for chicken
pox.
13. Q: We are a
homeschooling
family. If we decide not to continue immunizations to our
youngest children, what do I do at their next doctor visit? Do I need
some sort of note of exemption? Do you know what medical neglect
is? The Doctors tell us if we refuse to do something they
feel is medically neccesary it is considered medical neglect and they
are reguired by state law to write the division of social services.
What do we do? LP, February 2006
A: Technically,
unless your state's
laws require you to provide your
doctor with evidence of a vaccine exemption (and I know of no such
laws), you probably don't have to do anything. As a practical matter,
though, you may want to provide the doctor with something in writing
documenting your exercise of a legal exemption. If you are exercising a
valid legal exemption, you cannot at the same time be legitimately
accused of neglect for not vaccinating. Doctors also like having
something in the files for liability purposes--to prevent you from
later accusing them of failing to vaccinate your children. Give them a
copy of the documentation you use (or would use) to claim an exemption
for
your children's school or daycare attendance.

12. Q: My ex-spouse never
objected to not vaccinating our children until we separated--now he's
trying to paint me as an unfit parent in a custody battle. What should
I do? SH, February 2006
A: Many
spouses conveniently change
their position on vaccines after
separating to gain an advantage in custody disputes. Judges and family
law attorneys understandably assume that the children's best interests
requires vaccination, because they are unaware of the strong legal
arguments favoring the non-vaccinating parent in many instances. I have
worked successfully with family law attorneys in several states in
these kinds of cases. The analysis is outlined in my e-book;
or,
consider a consultation
for an
in-depth assessment of your particular
situation. These cases can be difficult, but many are winable!
11. Q: My son got some
shots,
but I do not want to give him second MMR or chicken pox vaccine. What
are my rights? AI, February 2006
A: The
bottom line is, you may claim
an exemption from vaccines only as
permitted by your state's exemption statutes and regulations and
applicable state and/or federal legal precedent. Few if any states'
laws allow parents to "pick and choose" when and which vaccines they
will give. As a general matter, past vaccines may not necessarily
prevent you from exercising an exemption, but it may depend on the
specific circumstances, your geographic location, and the wording of
your state's laws. This is not a "short-answer" question, so review
your state's statutes and regulations, and consider purchasing my e-book
or scheduling a consultation
for greater insight.

10. Q: I am a physician
who
doesn't believe in vaccines. I am about to have my first kid and I do
want legal protection. I live in [a different state than you]. DO you
know any attorney who can help me? CS, M.D., February 2006
A: There
are very few attorneys in
the U.S. who include vaccine
exemptions and waivers as a routine part of their practice. I have
worked directly with clients around the country concerning their
federal rights, and with local attorneys in several states when one is
needed. You are unlikely to find a local attorney experienced in this
area of the law. Contact
me for a
recommendation if you live in New
York.
9. Q: My daughters have
chosen not to vaccinate their children. Can you please tell us what
would be involved in protecting their rights? What does your office
offer as far as legal help? Dr. RM, February 2006
A: Exercising
an exemption is a
matter of complying with your state's
legal requirements for one or more of the exemptions your state offers,
as indicated in state statutes and
regulations. This office can
assist
you with finding state statutes and regulations (it's important to
review both!), advising you about
your rights under the U.S. Constitution (First Amendment, free exercise
of religion) regarding the specific circumstances of your life, and
provide a written legal opinion about those rights citing applicable
law. For details about your rights, consider purchasing my e-book
or scheduling a consultation.

8. Q: Last Friday I was
told
by the school nurse that I could not request exemption from just one
vaccine . . . [She said] that if he has any other vaccines in the
future it would nullify our exemption. Is there county or school
district law that goes beyond the state statute? Is what the nurse
saying true? TH, September 2005
A: Few
if any state laws provide for
a religious exemption from only
one or some vaccines, so it is not likely that claiming an exemption
for anything other than all vaccines would be allowed. Getting
vaccines after claiming a religious exemption could undermine the
prior exemption claim. There may be possible legal arguments supporting
a
religious objection to some vaccines (e.g., only those whose
development involved aborted fetal tissue), but there is no
guarantee of the ultimate outcome, and it could involve a series of
appeals. Finally, individual public school districts
probably do not have authority to require anything more than what is
required by state statutes and regulations.
7. Q: I have a form that
I
downloaded a long time ago and I am attaching it so you can review it.
Do you have a better one or a link to one so I can use it? MP, August
2005
A: The
only forms you should use are
ones provided by your state. If
your state doesn't create and require a form, DON'T USE
ONE, as it may not comply with your state's laws, and thus leave
you vulnerable to a challenge--even if initially accepted. Review your
state’s statutes and regulations, and comply strictly with
them. If you have concerns or encounter problems with how those laws
apply to the specific circumstances of your life, consult
a knowledgeable
attorney.

6. Q: My child had titers
drawn and tested immune to all childhood diseases but polio. Can we
avoid vaccines on that basis? AB/KB, May 2005
A: The
bottom line is that you must
comply with the
law. If you state’s
statutes or regulations indicate that vaccines may be avoided
based
on titer levels, then you can avoid vaccines that way; if not, you
can’t.
5. Q: Can a medical
exemption be obtained in [state] for a child that has shown severe
illness after receiving childhood MMR vaccinations? SM, May 2005
A: State
medical exemption laws
generally require a qualifying medical
condition and the recommendation of a state-licensed medical doctor.
Some state laws may also allow the state to reject the exemption claim
even when recommended by a qualifying medical doctor. If you want to
avoid all immunizations generally and indefinitely, it may be worth
exploring whether or not you qualify for a religious exemption. See the
article
on this website that introduces this topic.

4. Q: Can military
personnel
claim a religious exemption? CPT RS, February 2005
A: Military
regulations provide for
medical and administrative
exemptions, the latter of which includes religious exemptions. Military
religious exemptions are discretionary, and can be withdrawn if the
mission is deemed to require it. There is a specific procedure set out
in the regulations, with some branch-specific variations. These will
require stating in writing the specific beliefs that are in opposition
to the requirements. Since such statements have potential
pitfalls--things one might say or neglect to say that could undermine
the exemption application--it may be wise to consult an attorney
experienced with this to maximize your chances for success. See also
the exemption
page on this site.
3. Q: We don’t
have specific religious reasons for not vaccinating – can we
still claim an exemption to vaccines? MG, February 2005
A:
Depending on where you live and the specific wording of your
state’s vaccine religious exemption statutes and regulations,
personal religious beliefs may qualify. The U.S. Supreme Court has
defined ‘religion’ in rather broad terms for legal
purposes, and federal courts have applied that definition to vaccine
religious exemptions specifically. My e-book
explains how, if and when
federal legal precedent applies to individual situations; or, consider
scheduling a consultation.

2. Q: Is it
constitutional
for a state’s religious exemption law to require membership
in an organized religion with tenets in opposition to the immunization
requirements? JD, July 2004
A: Technically,
any state law is
“good law” (i.e.,
enforceable) unless and until it is challenged and deemed
unconstitutional by a state appellate or federal court, or is
repealed or stricken. However, laws in at least five different states
that required such
membership have been held to be unconstitutional, so there
is a compelling argument that such laws still on the books in other
states shouldn’t be enforced (as technically, they are
Constitutional until a court actually rules otherwise; but practically,
these laws would very likely be declared unconstitutional if they were
challenged). The problem is, local officials
are obligated to enforce current law, and the “compelling
argument” is only that—an argument—for
what the law should be--not what the law is now. It may be possible to
exercise an exemption in states with such laws even if you aren't a
member of such an organized religion, but there's no guarantee.
1. Q:
What information and
details do I need in a religious exemption letter? Mrs. J., June 2004
A: Requirements
vary from state to
state, and are spelled out in each
state’s statutes and administrative regulations. Consult
these codes first. If your state requires a letter, include all of what
those codes require, and nothing more. See the links state laws
on
this site for more information. Consider purchasing my e-book
or scheduling a consultation
for more in-depth
information about your rights.
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