I think part of the theory for requiring vaccination for school attendance is that you catch the whole population that way. And in the first generation being vaccinated, their parents all had the diseases.
Vaccination is a case where pretty much every court would find a compelling interest. There is not just an obvious public health problem here; there is a huge free-rider problem, as people try to avoid the tiny risk of the vaccine and rely on everyone else being vaccinated. It is legislatures that have gotten this entirely wrong. On Sat, 31 Jan 2015 17:05:37 -0500 Marty Lederman <lederman.ma...@gmail.com> wrote: >Sorry, I should have done a bit of research on the latter question before >posting. Answer appears to be yes, it's typically "merely" a condition on, >e.g., attending school (or being a health care worker) -- but even that has >a huge impact on public health, at least where, as in Mississippi and West >Virginia (!), the legislature does not permit religious and "personal" >exemptions. Info on various state laws at these sites: > >http://www.washingtonpost.com/news/storyline/wp/2015/01/30/mississippi-yes-mississippi-has-the-nations-best-child-vaccination-rate-heres-why/ > >http://www.ncsl.org/research/health/school-immunization-exemption-state-laws.aspx > >http://www.historyofvaccines.org/content/articles/vaccination-exemptions > >http://www.immunize.org/laws/ > >http://www2a.cdc.gov/nip/schoolsurv/schImmRqmt.asp > > > >On Sat, Jan 31, 2015 at 4:41 PM, Marty Lederman <lederman.ma...@gmail.com> >wrote: > >> >> http://www.nytimes.com/2015/01/31/us/vaccine-critics-turn-defensive-over-measles.html?hp&action=click&pgtype=Homepage&module=first-column-region®ion=top-news&WT.nav=top-news >> >> Anyone know whether, in light of increasing public health issues such as >> this, have there been any recent proposals in state legislatures to repeal >> vaccination exemption provisions? If so, have they met with any success? >> >> Also, I assume that the laws in most states "merely" condition certain >> public benefits, especially access to public education, on being >> vaccinated. Is that correct, or do some states require vaccinations >> simplicitur? >> Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
