New Yorkers with a religious exemption

[phathui5]

I could use advice on writing a religious exemption for New York that won't get denied. I read that many requests for exemption get denied in NY. I have to enroll my 4yo ds as a student (we homeschool) so that he can get speech services and he isn't vaccinated at all.

[Emmeline II]

Your religious beliefs can change, so you can exempt a previously vaxed child. You could also pretend your child is not vaxed to make life easier.


Some states, like NY(contact Gary Krasner for help -- On the NYS form they request that your letter:

-explains why are you are requesting the exemption
-describes the religious principles that guide your objection to vaxes
-indicates whether you are opposed to all vaxes, and if not, why you are opposed to some vaxes but not others

As long as your letter covered those 3 points then they shouldn't ask for any "supporting evidence".)


and NJ allow the state to question the sincerity of your beliefs; the following is VERY important.



-For a religious exemption you need to be "against the practice of vaccination". If you give your reasons to be against vaccinations as:

"I'm against vaccination because they use aborted fetal cells" - This is a philosophical reason.

"I'm against pre-marital sex and some vaxes are for sexually transmitted diseases." This is a philosophical reason.

Again, you have to be against the the practice of vaccination. For a more through explanation of why this is read the Wexler decision below.

-Also, you DO NOT have to be a member of a religion doctrinally opposed to vaccination. You can be Wiccan, Lutheran, Catholic, Jewish, church of the flip flops, and still claim a religious exemption do to your personal religious beliefs against the practice of vaccination. Dr. Mercola does a good job of explaining this in my Religious Exemptions link below (you may have to register to read it).

-One more thing, you do not want to include specific biblical verses as your interpretation could be challenged. You need to describe your personal religious beliefs.


-Require that all questions regarding your exemption be in writing and give answers in writing. Do not give verbal responses.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Religious Exemptions

The Wexler Decision

To find out what exemptions are offered by your state (for school and such) check here:
http://www.nvic.org/Vaccine-Laws/sta...uirements.aspx
http://www.novaccine.com/law-exemptions/


All states except West Virginia and Mississippi offer religious and/or philosophical exemptions, and the supreme court ruled that you do not have to belong to a non-vaxing religion or have clergy sign your religious exemption. Exemptions can be submitted in lieu of vaccination records (I would do it this way).

State mandatory vaccination laws have their roots in the 1905 U.S. Supreme Court decision, Jacobsen v Massachusetts. A Swedish Lutheran pastor, Reverend Henning Jacobsen and his son objected to a law requiring revaccination with smallpox vaccine because they had suffered severe reactions to the first vaccination. The nine Supreme Court justices at the turn of the century denied Jacobsen and his lawyers the right to present scientific evidence for harm caused by the smallpox vaccine, preferring to believe the lawyers representing public health officials who convinced them that doctors could predict ahead of time who would be injured by vaccination.

100wds.



A US Federal Court ruling (binding on NY only) that determined that you do not have to belong to a particular religion to use a religious exemption is:
Sherr v. Northport-East Northport Union Free Sch. Dist., 672 F. Supp. 81, 89-90 (E.D. N.Y. 1987)
http://www.vaclib.org/exempt/consent.htm

http://www.cdc.gov/vaccines/vac-gen/...es_chptr13.htm

Sample Religious Exemption Letter(change the state law reference):

Quote:
To whom it may concern;



(We / I) {First and Last name(s)}, as the {(parent (s) / guardian(s)} of ______________________(name of newborn child) are exercising (our/my) rights under the US Constitution, PUBLIC HEALTH LAW, ARTICLE 21. CONTROL OF ACUTE COMMUNICABLE DISEASES,TITLE VI. POLIOMYELITIS AND OTHER DISEASES, NY CLS Pub Health § 2164 (2002), to receive Religious Exemption from Vaccination, ALL injections, prophylaxis, & testing due to our genuine and sincere religious beliefs which are contrary to the practices herein required.

The U.S. Supreme Court held in Frazee V. Illinois Dept. of Security, 489 U.S. 829, that a religious belief is subject to protection even though no religious group espouses such beliefs or the fact that the religious group to which the individual professes to belong may not advocate or require such belief. This ruling is also reflected in Title VII of the Civil Rights Act of 1964 as amended Nov. 1, 1980; Part 1605.1-Guidelines on Discrimination Because of Religion.


Sincerely,

Your signature.
Date

[13Sandals]

for NY, I would also take the time to have your 'statement' notarized. and if for some reason it is denied, make sure you ask to have the denial put in writing. this will be helpful on the appeal process. If it gets that far, the onus is on the school to clearly articulate why your statement is insufficient as per NY health law

I sent you a pm (I have gone through this in NYC)



in addition to Emmeline's references, below are some court cases that are specific to NY

Fact: Courts have repeatedly held that children can be exempted because of sincerely held personal (ie. non-organized) religious beliefs and that it is unconstitutional for State Legislatures and Health Departments to limit religious exemption to organized religions ((1) Sherr and Levy -v.- Northport-East Northport Union Free School District, 672 F. Supp. 81, (E.D.N.Y. 1987); (2) Allanson -v.- Clinton Central School District, No. CV 84-174, 5, (N.D.N.Y. May 10, 1984). (3) Mason -v.- General Brown Central School district, 86-CV-209 (N.D.N.Y)).

[Jugs]

FWIW, they probably won't bat an eyelash if you're going to still be homeschooling. The school didn't even look at ours (I actually called a few months later because they're supposed to send your approval or denial in writing within 30 days); they just needed the paperwork in case of a health department audit. Nevertheless, its important to have a well-worded letter, just in case.

[phathui5]

Your religious beliefs can change, so you can exempt a previously vaxed child. You could also pretend your child is not vaxed to make life easier.

He's never been vaccinated.

FWIW, they probably won't bat an eyelash if you're going to still be homeschooling.

I hope so. We're going to be homeschooling and getting speech therapy from the school district.

[GLYKERIA]

I am having the same issue right now - hey 12Sandals could you PM me the same info, I would really appreciate it!