Excerpted from Innovation, Spring 2000 issue
By:James Filenbaum
"Religion goes far beyond simple membership in a church, attendance of services, adherence to prescribed dogma, or participation in various rituals. While an exact definition of what would constitute a "religious belief" varies depending upon what purpose is being applied to the use of the word "religion in", pursuing a claim for a religious exemption from immunizations the standard which must be considered is that which is established by the United States Supreme Court. Therefore, in adherence to the First Amendment of the United States Constitution guarantee of freedom of religion, the test in determining whether a belief constitutes a "religious belief" sufficient to qualify for the religious exemption from immunizations, is whether the adherents' beliefs and faiths occupy a place in their lives parallel to that filled by the orthodox belief in God held by others; or any other "sincere religious beliefs which are based upon a power or being, or upon a faith to which all else is subordinate or upon which all else is ultimately dependent." U.S. Vs. Seeger, 380 U.S. 163 (1965), Sherr and Levy vs. Northport East-Northport Union Free School district, 672 F.Supp. 81, (E.D.N.Y. 1987)
The right to claim exemption from immunization based on religious beliefs is available to all persons who hold religious beliefs against immunization regardless of what any state statute may say regarding the necessity for membership in any particular religious group or church.
The first amendment to the U.S. Constitution prohibits states from discriminating between people based on their religious beliefs. If there is any state law that allows for exemption based on religious beliefs, it is available to all those people who hold religious beliefs against immunization even if their beliefs are personal and unique to them alone."
I have a copy of this to hand in with our religious exemption, just so they know that even if the belief is mine alone, it is enough to take an exemption. I'm glad the parents are taking legal action. It's so good to see parents stand up for what they believe and for the welfare of their child.
