To Protect His Son, a Father Asks School to Bar Unvaccinated Children

Re:To Protect His Son, a Father Asks School to Bar Unvaccina... by bradleyjg on Tuesday January 27, 2015 @10:22PM (#8957859)

New York only always exemptions for sincere religious beliefs, California allows exemptions for any beliefs.

Before the obvious objection, there are plenty of examples of people who try to create a special purpose religion to get around some or other rule, and only a few cases where it has actually worked.

Also as the top level poster alludes to the second circuit recently ruled that the religious exemption is not constitutionally required. Phillips v City of New York (http://caselaw.findlaw.com/us-2nd-circuit/1688862.html).

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Re:To Protect His Son, a Father Asks School to Bar Unvaccina... by symkat on Tuesday January 27, 2015 @10:39PM (#8957924)

Thank you, this decision was a great read, and I now have a better understanding how the school and legal systems in New York will challenge religious exemption to a level California seemingly does not.

I think I found the judicial vernacular of "lol, no":

  Plaintiffs finally seek succor in the Ninth Amendment. 
  But, we have held, “[t]he Ninth Amendment is not an
  independent source of individual rights.” 
  Because plaintiffs fail plausibly to allege a violation 
  of any other constitutional right, their effort to 
  recast their unsuccessful claims as a violation of the 
  Ninth Amendment also fails.

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