In light of the recent Listserv discussion, I note that there is an interesting op-ed in the Charlotte Observer this morning regarding North Carolina's religious exemption to vaccinations. http://www.charlotteobserver.com/2015/02/03/5491428/an-nc-loophole-on-vaccinations.html The editorial board expresses what may be the common lay opinion on the matter, namely: "Like many states, North Carolina allows exemptions for medical reasons, such as allergies, and religious beliefs. The medical exemption requires a request from a licensed physician, but the religious exemption requires merely a statement that includes the name and date of birth of the person for whom the exemption is being requested. No elaboration on the religious objection is needed, nor any evidence of religious affiliation or faith. That’s a loophole that allows parents to game the system to avoid vaccination, and there are helpful anti-vaccine web sites that coach North Carolina parents on how to craft a letter that meets the requirements and won’t raise the eyebrows of public officials. Although North Carolina is among the states with the highest vaccination rates, parents across the country are increasingly taking advantage of exemptions. N.C. officials should minimize the public health risk by tightening its loophole so that people with legitimate religious objections to vaccinations, such as the Amish, are distinguishable from those who merely have personal or philosophical objections. Those who have the latter are welcome to deny vaccinations for their schoolchildren. But those children shouldn’t be allowed in school." (Emphasis added)
Assuming that a legislature were looking to craft a revised religious exemption that allowed for "legitimate religious objections" but weeded out others, what would the language of the exemption look like? Is it even possible to craft such an exemption or will courts be inclined (as they generally have been) to defer to the sincerity of the religious belief of the individual and not attempt to distinguish between "legitimate" and "illegitimate" religious objections? Will Will Esser --- Ad Majorem Dei Gloriam Charlotte, North Carolina _______________________________________________ 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.
_______________________________________________ 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.
