Provides protections to parents who decline to have their children immunized on the basis of religious beliefs

3 Co-sponsors

• John A. DeFrancisco
• Ruben Diaz
• Owen H. Johnson

Title of bill

An act to amend the public health law, in relation to the religious exemption from mandatory immunizations for students

Purpose

This legislation is intended to protect parents from inappropriate and intrusive inquiry into their religious beliefs by government authorities.

Summary of provisions

Section one of the bill makes clear that the legislative intent is not to undermine the public health purpose of school immunization legislation, but to protect people in the free exercise of their religion from inappropriate and intrusive demands to explain or justify their religious beliefs.

Section two amends subdivision 9 of section 2164 of the Public Health Law applying to religious exemptions for minors, to exempt the child from an immunization requirement where the parent files an affidavit stating that the parent holds genuine and sincere religious beliefs which are contrary to the practice, without being subject to further inquiry. Section three makes the same change to subdivision 9 of section 2165 of the Public Health Law applying to religious exemptions for adult students.

Justification

Protection of free exercise of religion demands wariness in granting state entities the power to cast judgment upon a person's religious beliefs. This bill precludes the interpretation of the current language reading "genuine and sincere" as creating a test that a religious exemption claimant must pass to the satisfaction of health or school authorities. It makes the exemption dependent only on the filing an affidavit stating that the requisite religious beliefs are held.

The current common practice of government agencies scrutinizing and judging a parent's religious beliefs is inappropriate in a democracy that values the First Amendment. There could be concern that some parents might falsely claim a religious exemption. But it is greatly outweighed by the burden that the intrusive, prolonged inquiry imposes on bona fide objectors forced to defend their religious beliefs. Including that the request for exemption be notarized impresses upon the public the seriousness of the sincerity requirement and will be a sufficient deterrent to potential false objectors.

Legislative history

S.1563/A.3064 of 2007-08; S.4693/A.8383 of 2005-06.

Fiscal implications

Savings to school boards which will no longer be engaged in substantive review of requests for religious exemptions.

Effective date

Immediately.