High court won't hear challenge to NY school vaccine rules

(AP) - The U.S. Supreme Court will not hear a challenge to New York state's requirement that all children be vaccinated before they can attend public school, upholding an appeals court ruling that said

News 12 Staff

Oct 6, 2015, 6:21 AM

Updated 3,124 days ago

Share:

High court won't hear challenge to NY school vaccine rules
(AP) - The U.S. Supreme Court will not hear a challenge to New York state's requirement that all children be vaccinated before they can attend public school, upholding an appeals court ruling that said the policy does not violate students' constitutional right of religious freedom.
The appeals court had also upheld a federal judge's ruling that students exempted from the immunization policy for religious reasons could still be barred from school during an outbreak of a vaccine-preventable disease.
"I applaud the Supreme Court for letting stand the Second Circuit's decision recognizing the validity of laws in both New York State and New York City requiring vaccinations for schoolchildren," state Attorney General Eric Schneiderman said in a statement. "Protecting children from debilitating communicable diseases should be a top priority."
The attorney for three New York City families who challenged the mandate indicated the issue was not going away.
"I'm disappointed but I think there's more coming," attorney Patricia Finn said.
She pointed to a preliminary injunction issued by a federal judge in White Plains late last month allowing a Clarkstown parent the right to exempt a boy from vaccines containing animal byproducts or fetal tissues on religious grounds.
The issue also is under discussion in California, where there are efforts to repeal a new law that did away with the state's personal belief exemption for immunizations, and in Vermont, which earlier this year removed a philosophical exemption but kept a religious exemption in place.
"Throughout the country... people are organizing and challenging these statutes," Finn said by phone. "I don't know why the (Supreme) Court didn't take it. There's far more coming."
In the New York case, two students who were not vaccinated on religious grounds were temporarily barred from going to school after a fellow student was diagnosed with chicken pox. The family of the third student challenged the statute after a judge denied her mother's request for a vaccine exemption, finding that the mother's concerns were primarily health-related and not based in religion.
"The current law serves the best interest of the public health and protects city school children, their families and the broader community in which we all live," the New York City Law Department, which represented the school district, said in a statement.
The parents did not immediately return telephone messages seeking comment Monday.


More from News 12
0:49
Nassau County says it will rework its lease approval process in effort to build resort and casino

Nassau County says it will rework its lease approval process in effort to build resort and casino

1:17
Sunny and cool for Friday; chance for rain late Saturday into Sunday

Sunny and cool for Friday; chance for rain late Saturday into Sunday

2:01
Nassau/Suffolk Autism Society of America hosts special event at Cradle of Aviation Museum

Nassau/Suffolk Autism Society of America hosts special event at Cradle of Aviation Museum

1:53
Shop Mother’s Day Gifts – Exclusive Offers Up to 75% OFF!

Shop Mother’s Day Gifts – Exclusive Offers Up to 75% OFF!

1:48
Ducks posthumously honor co-owner during Opening Day

Ducks posthumously honor co-owner during Opening Day

2:01
Students take part in pro-Palestinian protest at Hofstra University

Students take part in pro-Palestinian protest at Hofstra University

1:56
Superintendent: Person accused of making threats to Islip School District in custody

Superintendent: Person accused of making threats to Islip School District in custody

1:54
South Setauket father charged for allegedly abusing infant son

South Setauket father charged for allegedly abusing infant son

1:27
East Meadow School District: Nesconset man accused of lewd act worked as social worker

East Meadow School District: Nesconset man accused of lewd act worked as social worker

2:35
Law enforcement resumes search in Manorville in connection with Gilgo Beach case

Law enforcement resumes search in Manorville in connection with Gilgo Beach case

0:36
11 LIRR employees suspended without pay, accused of submitting fake COVID-19 vaccine cards

11 LIRR employees suspended without pay, accused of submitting fake COVID-19 vaccine cards

0:27
Brent Burns, Dmitry Orlov help Hurricanes hold on to beat Islanders 3-2 for 3-0 series lead

Brent Burns, Dmitry Orlov help Hurricanes hold on to beat Islanders 3-2 for 3-0 series lead

1:13
The East End: Shou Sugi Ban House in Watermill

The East End: Shou Sugi Ban House in Watermill

Ready to explore the great outdoors? These 14 tips can help you stay safe while hiking

Ready to explore the great outdoors? These 14 tips can help you stay safe while hiking

Is your mom awesome? Long Island tell us why your Mom Rocks!

Is your mom awesome? Long Island tell us why your Mom Rocks!

2:01
Police: 21-year-old woman fled fatal Massapequa DWI crash in stolen town patrol car

Police: 21-year-old woman fled fatal Massapequa DWI crash in stolen town patrol car

0:20
Police: Hempstead man killed in 3-car crash on Meadowbrook Parkway

Police: Hempstead man killed in 3-car crash on Meadowbrook Parkway

0:21
UBS Arena to host 2024 MTV VMAs in September

UBS Arena to host 2024 MTV VMAs in September

0:26
Court adjourned for two suspects in human remains case

Court adjourned for two suspects in human remains case

0:31
John's Crazy Socks, Guide Dog Foundation unveil world's first tactile Braille socks

John's Crazy Socks, Guide Dog Foundation unveil world's first tactile Braille socks