or Connect
Mothering › Mothering Forums › Baby › Baby Health › Vaccinations › I'm Not Vaccinating › Request for religious exemption denied (NY state)
New Posts  All Forums:Forum Nav:

Request for religious exemption denied (NY state)

post #1 of 18
Thread Starter 
I just received the letter yesterday that my request for a religious exemption from vaccines was denied. I'm somewhat surprised because I did put a lot of thought into my letter, and made it fairly long and detailed. But now I'm going to have to appeal. I just sent an email to Gary Krasner, and I hope he'll be able to help me.

I'm just panicking now and hoping that the appeal will work. One of the challenges I have is the fact that my son received the first two rounds of shots before we decided to stop all vaccines, so they can see that and it makes them more suspicious.

Has anyone else been through the appeal process? I'm feeling really nervous....

Thanks,

Jennifer
post #2 of 18

No advice but lawyer up... I hope he can help.
post #3 of 18
I hope everything works out for you!
post #4 of 18
Quote:
Originally Posted by jenveg618 View Post
I just received the letter yesterday that my request for a religious exemption from vaccines was denied. I'm somewhat surprised because I did put a lot of thought into my letter, and made it fairly long and detailed. But now I'm going to have to appeal. I just sent an email to Gary Krasner, and I hope he'll be able to help me.

I'm just panicking now and hoping that the appeal will work. One of the challenges I have is the fact that my son received the first two rounds of shots before we decided to stop all vaccines, so they can see that and it makes them more suspicious.

Has anyone else been through the appeal process? I'm feeling really nervous....

Thanks,

Jennifer
I'm not sure where in NY you are and whether it would be possible to do, but you might consider finding a DAN! doctor as I've found them more than willing to provide an medical exemption letter. Many of them are practicing family practitioners and pediatricians who are pro-delayed, pro-novax, or at the very least understand a parent's desire to keep their children vax free.

http://www.autismwebsite.com/practitioners/us_lc.htm
post #5 of 18
Quote:
Originally Posted by jenveg618 View Post
I just received the letter yesterday that my request for a religious exemption from vaccines was denied. I'm somewhat surprised because I did put a lot of thought into my letter, and made it fairly long and detailed. But now I'm going to have to appeal. I just sent an email to Gary Krasner, and I hope he'll be able to help me.

I'm just panicking now and hoping that the appeal will work. One of the challenges I have is the fact that my son received the first two rounds of shots before we decided to stop all vaccines, so they can see that and it makes them more suspicious.

Has anyone else been through the appeal process? I'm feeling really nervous....

Thanks,

Jennifer

Ugh....I hope Gary can help. I also have no advice but wanted to say good luck!!!! I am in the tri-state area and I told my DH, I will never move to NY!!
post #6 of 18
Thread Starter 
Yeah, we're in NYC and it's pretty tough around here especially.

I emailed Gary first thing yesterday morning and still haven't heard back from him. I hope he gets back to me soon b/c I only have 10 days to file an appeal.

The worst part is, we did do a few vaccines when he was an infant before deciding to stop them altogether. Somehow the dept. of ed. got this information, since they stated in their letter that my son has had some of his shots. Is it legal for them to obtain this info from his medical records without a signed release from me?

Anyway, thanks for the support!
post #7 of 18
Unfortunately, it is completely legal for them to search the state vaccine registry for your child's records. Any vaxes he may have had should have no bearing on whether or not the exemption is approved, as religious views can evolve over time. Ds had most of his vaxes through 12 months, but his exemption was approved. The problem with NY is that each principal has full discretion on whether or not your letter is "genuine and sincere"; one principal may reject it while the next may grant the exemption without question.
post #8 of 18
Thread Starter 
The thing is, here the principals have nothing to do with the decision. Instead, I had to send my stuff to the student health office, part of the dept. of ed. The principal of his future school told me that usually the exemptions are approved, so she was very reassuring about it. Which is one of the reasons I'm surprised by the denial!
post #9 of 18
Quote:
Originally Posted by jenveg618 View Post
The thing is, here the principals have nothing to do with the decision. Instead, I had to send my stuff to the student health office, part of the dept. of ed. The principal of his future school told me that usually the exemptions are approved, so she was very reassuring about it. Which is one of the reasons I'm surprised by the denial!
You may have included reasons that seemed religious to you but are considered philosophical in law.

Below is my exemption post; it is not specific to you so there may be things you already know or have done in here.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Your religious beliefs can change, so you can exempt a previously vaxed child.

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

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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).



Quote:
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
post #10 of 18

Any news...?

Would you be willing to share an update on your case?

I'm in your hood, and about to start on my paperwork. Any tips you could provide would be greatly appreciated...

Hoping all's well.
post #11 of 18
We are moving to NYC (UWS) this summer. None of my three children are vaccinated and all of them of are in school here in NJ - two of them in the public school. We have never had a problem registering them but now I am getting worried about the transition to NYC. Please share an update about your case - or feel free to pm me. I hope everything works out for you.
post #12 of 18
Quote:
Originally Posted by Ileifa View Post
We are moving to NYC (UWS) this summer. None of my three children are vaccinated and all of them of are in school here in NJ - two of them in the public school. We have never had a problem registering them but now I am getting worried about the transition to NYC. Please share an update about your case - or feel free to pm me. I hope everything works out for you.
I would contact Gary now to start getting your exemption statement together. Perhaps e-mail him your NJ exemption and see if it will be suitable for NYC; NJ is nearly as difficult so you already have experience.
post #13 of 18
Thread Starter 

religious exemption denial in NY state - UPDATE

Sorry to be MIA....lots going on around here-

Good news - my amended exemption request was approved! I did work with Gary as well as a couple of other people in the area and sent in my new letter, where I addressed the issue of my son having had some vaccines but none since he was 10 months. I guess they got what they needed to know, thank goodness.

Anyway, I would recommend Gary if you're concerned, and I would also be happy to help out with any questions. Feel free to pm me or email anytime.

Jennifer
post #14 of 18
I just happened upon this thread and am glad that you got the exemption!
post #15 of 18
Quote:
Originally Posted by jenveg618 View Post
Sorry to be MIA....lots going on around here-

Good news - my amended exemption request was approved! I did work with Gary as well as a couple of other people in the area and sent in my new letter, where I addressed the issue of my son having had some vaccines but none since he was 10 months. I guess they got what they needed to know, thank goodness.

Anyway, I would recommend Gary if you're concerned, and I would also be happy to help out with any questions. Feel free to pm me or email anytime.

Jennifer
What a relief!
post #16 of 18
Quote:
Originally Posted by jenveg618 View Post

Sorry to be MIA....lots going on around here-

Good news - my amended exemption request was approved! I did work with Gary as well as a couple of other people in the area and sent in my new letter, where I addressed the issue of my son having had some vaccines but none since he was 10 months. I guess they got what they needed to know, thank goodness.

Anyway, I would recommend Gary if you're concerned, and I would also be happy to help out with any questions. Feel free to pm me or email anytime.

Jennifer

Is anyone else still reading this thread?  I just now found myself in the same situation with a denied religious exemption for my 3rd child after my first 2 were approved - same school, different principal.  Would love to hear back from anyone on how to fight this should my appeal not get approved.

post #17 of 18

If anyone is still watching the thread.

 

My only question would be "why is vaccine objection due to the use of aborted fetal cells" a philosophical argument if it's based on a sincerely held belief that God knew us in the womb and other passages within the Bible?  Is it because there's nothing in the Bible that forbids the use of dead people in vaccines and I'm extrapolating that based on my religious beliefs about life?

 

I'm just curious is all.  Can someone explain to me what makes something a philosophical argument vs a "sincerely held religious belief" in the eyes of the law?

 

Thanks,

Jayson

post #18 of 18
According to the Torah you become unclean if you touch a dead body. See numbers 19:11. leviticus/5:2.

Is there still an issue with your exemption?
New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: I'm Not Vaccinating
Mothering › Mothering Forums › Baby › Baby Health › Vaccinations › I'm Not Vaccinating › Request for religious exemption denied (NY state)