Blow to anti-vaxxers: NY court insists public health trumps religion
December 11, 2019 by Barry Duke

NEW York’s Attorney General Letitia James, above – named as co-defendent in a legal challenge to the state’s recent ban of religious exemptions to vaccinations – has been vindicated.

Albany County Supreme Court dismissed a lawsuit brought against James and New York Governor Andrew Cuomo, who, in June, signed a bill ending vaccination exemptions based on religious beliefs. It was the latest move to address the growing measles outbreak, the worst the US had experienced in decades.

In dismissing the lawsuit, bought by a group of anonymous anti-vaxxers, Acting Justice Denise Hartman said:

While acknowledging respect for religious beliefs, the legislative memoranda expressed the collective legislative view that public health concerns should prevail.

The fact that the Legislature enacted the repeal without public hearings and debate does not suggest religious animus. The Legislature is entitled to rely on findings and recommendations of the CDC and other public health officials; it was not required to hold fact-finding hearings and debates about the science and medicine of vaccinations and the impacts on those with sincerely held religious beliefs before enacting the repeal.

In welcoming the ruling James said:

Vaccines ensure the health and safety of our children, our families, and our communities. This law will help protect New Yorkers from experiencing any additional public health crises, which is why we vigorously defended it. We are pleased with the decision by the court.

New York changed its vaccine rules when two Jewish orthodox communities in New York became the epicenter of the country’s biggest measles outbreak in over two decades. While the state continues to honour medical exemptions, parents can no longer use religious objections to enroll their unvaccinated children in school.