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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:
| I. |
Introduction |
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II. |
Procedural Background of the
Cases |
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III. |
Abstention - defendants take the position that this Court should not attempt to adjudicate |
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IV. |
Standing - the Court should dismiss plaintiffs' action for lack of standing |
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V. |
Constitutionality |
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VI. |
"Religious Nature of
Plaintiffs' Beliefs - whether
grounds/opposition to the inoculation of their children are indeed "religious" in nature |
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VII. |
Sincerity of Plaintiffs'
Beliefs |
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VIII. |
Scope of Injunctive Relief - must offer the exemption to all persons who sincerely hold religious beliefs that prohibit the inoculation of their children by the
state |
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IX. |
Damages |
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X. |
Summary |
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Footnotes |
Entire document as Word File wexler.doc
Entire document as Text File wexler.txt
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