Religious exemption for Jewish children at Jewish schools in NY State?

[Faliciagayle]

DD was born in CA, then we moved to WI. In both places I didn't pay too much attention to vaccine legislation but I knew I could obtain philosophical exemptions in both places with relative ease (or I thought I could).

We are now in NY. Our son was born here about a month ago. We are considering a summer program for DD and pre-school in the fall. Both programs are run by our Jewish synagogue. The only exemption available in NY is religious and I know religious schools are not obliged to accept the waiver.

Does anyone have any experience or wisdom to share with me?


FTR while in California DD had 2 doses of DTaP and HIB at 3 and 5 months, nothing prior or since. Her vaccines were registered in the CA vaccine registry. Can this be accessed in other states and will it effect my chances of receiving a waiver? (I know I can address this in my letter).

DS has had nothing.

I'm also afraid I may have said too much when interviewing pediatricians (in terms of being philosophically against vax rather than religiously opposed). I had no idea the vaccine laws were so tough here in New York. I presume what I said to the Dr is under Dr/Patient privilege?

[Marnica]

NY is tough in the best of circumstances. I would contact Gary Krasner for advice. His contact info is at the bottom of the website below.

http://www.cfic.us/

[ammiga]

We're Jewish too, although in a state with very easy exemption laws. For me, I think that my philosophical objection to vaxing plays a role in my religious objection. Because I am philosophically opposed to vaccines and the harm I believe they inflict on people, I do not believe that g-d would want me to vax my children. That would be directly harming my children, who I am obligated to protect, and there are plenty of places in Jewish law and the bible to find references about the obligation we have to protect our children from harm. To me, it would be in direct violation of Jewish law and g-d's wishes to vaccinate, given my philosophical beliefs about vaccines. So, I wouldn't worry too much about the fact that there are people who know you are philosophically opposed to vaxing... that can easily turn into a religious opposition. Though, I agree that contacting that attorney would be the best place to start.

[Emmeline II]

Contact Gary Krasner long before submitting your exemption.

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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.



How to Legally Avoid Vaccinations

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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

"Just say that you believe God (I personally prefer the Universe, but it's best just to conform to the typical Judeo-Christian thing for the sake of getting it done) created us perfect and you believe that it is wrong and arrogant to believe we can improve upon God's perfect creation. Therefore, it would be a violation of your religious principle's to vaccinate your perfectly healthy children."

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

[Faliciagayle]

Marnica and Emmiline II - I have already been in contact with CFIC and Gary Krasner, thank you

I am specifically looking for personal experiences from Jewish mamas here who have BTDT with regards to NY and Jewish schools. I know there are a few of you... come out come out where ever you are!!

[Emmeline II]

Originally Posted by Faliciagayle

I am specifically looking for personal experiences from Jewish mamas here who have BTDT with regards to NY and Jewish schools. I know there are a few of you... come out come out where ever you are!!

Try asking in your tribe for NY.

[nyyiddishamama]

Did you ever get any answers to the question of a religious exemption to be used in a Jewish school???