Image by thinkstock

New York state’s requirement that children be vaccinated in order to attend public school does not violate parents’ religious rights under the U.S. Constitution, a federal appeals court said Wednesday.

A three-judge panel of the 2nd Circuit U.S. Court of Appeals in Manhattan also ruled that students who receive religious exemptions from the vaccination law may be kept out of school during disease outbreaks, affirming a lower court decision.

The 2nd Circuit rejected claims by three New York City parents who said the individual right to religious liberty granted by the First Amendment trumped the state’s goal of preventing the spread of diseases in schools.

Forwarding the News

Thoughtful, balanced reporting from the Forward and around the web, bringing you updated news and analysis each day.

Terms(Required)

I agree to the Forward's Terms of Service and Privacy Policy

Email(Required)

The parents claimed that a growing body of evidence showed vaccines can do more harm than good.

“That is a determination for the legislature, not the individual objectors,” the court wrote.

Two of the plaintiffs are Catholic and received religious exemptions from the vaccination law, the court said. They sued, however, after their children were barred from attending school during a chicken pox outbreak.

The third plaintiff, Dina Check, was denied an exemption by school officials who said her views on vaccines were health-related and not based on sincere religious beliefs. The court on Wednesday agreed.

An attorney for the plaintiffs did not return a request for comment.

A message from our CEO & publisher Rachel Fishman Feddersen

I hope you appreciated this article. Before you go, I’d like to ask you to please support the Forward’s award-winning, nonprofit journalism during this critical time.

The coming year promises to be filled with more complex and historic developments. We are entering an era where independent, fact-based Jewish journalism will be more important than ever. We need to be ready for whatever 2025 will bring, and with your help, we can be.

We’ve set a goal to raise $260,000 by December 31. That’s an ambitious goal, but one that will give us the resources we need to invest in the high quality news, opinion, analysis and cultural coverage that isn’t available anywhere else.

If you feel inspired to make an impact, now is the time to give something back. Join us as a member at your most generous level.

—  Rachel Fishman Feddersen, Publisher and CEO

With your support, we’ll be ready for whatever 2025 brings.

$36 $500

$120 $180 Other amount