state saying i must be a member of local religion against vaccination? - Mothering Forums

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#1 of 25 Old 01-07-2009, 11:26 PM - Thread Starter
 
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I just found out that receiving a religous vaccination for the state of ut for the school district is troubling me... rules state that a religous exemption can only be obtained if you are a member of a local religous group against the practice of vaccination and must provide proper documentaion from that local known religous group stating you are a member.... Ok. I thought that the federal laws state that you could be... Can't remember the exact wording but religion of flip flops and can't question your religous beliefs. I want to be well prepared when I enter the health dept. And school district this next week. Does anyone know anymore about this? Do I have the right to have a religous belief outside a local church, and still receive a religous exemption?
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#2 of 25 Old 01-07-2009, 11:32 PM
 
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Yikes, I just looked up Utah's law and that is indeed true.

http://909shot.com/state-site/Utah.htm

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a statement that the person is a bona fide member of a specified, recognized religious organization whose teachings are contrary to immunizations,
UT also has philosophical exemption, though. I think I'd go with that.

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§ 53A-11-302.5. Personal belief immunization exemption

(1) The Department of Health shall provide to all local health departments a form to be used by persons claiming an exemption from immunization requirements based on a personal belief opposed to immunization. The form shall include a statement printed on the form and drafted by the Department of Health stating the department's position regarding the benefits of immunization.

Every baptized Christian is, or should be, someone with an actual (disturbing) experience, ... a close encounter, with God; someone who, as a result, becomes a disturbing presence to others. - Fr. Anthony J. Gittins, A Presence That Disturbs
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#3 of 25 Old 01-07-2009, 11:54 PM - Thread Starter
 
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I am just wondering if what they are doing is actually lawful? If there is a federal law stating that religous beliefs can not be questioned, then I want to go with religous, i don't believe in them religously, and would like to see the freedom to religion and beliefs remain just that.
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#4 of 25 Old 01-08-2009, 03:16 PM
 
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Exemption laws vary by state. I don't think there is any cover-all federal law in regard to religious exemption.

Every baptized Christian is, or should be, someone with an actual (disturbing) experience, ... a close encounter, with God; someone who, as a result, becomes a disturbing presence to others. - Fr. Anthony J. Gittins, A Presence That Disturbs
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#5 of 25 Old 01-08-2009, 03:39 PM - Thread Starter
 
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So basically it is something that would have to be challenged as in other states? Wow... yeah maybe philisophical is best. It is against my religous beliefs now, but hey thankfully there is an exemption I can fill out.

Thanks Spero
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#6 of 25 Old 01-08-2009, 04:03 PM
 
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If you are willing to fight it, there is legal precedents that state that freedom of religion can be used in this case and that no they can not refuse your exemption for not belonging to a specific, organized religion. In other words, you probably are not exempt according to your current state laws but because other districts have ruled in your favor in similar cases you could possibly take them to court and have the law overturned or changed.

Find a copy of What Every Parent Should Know About Childhood Immunizations (Murphy) and on pages 134 and 135 there is a description about a case called Dalli vs. Board of Education in Mass. The court ruled in her favor. IMO this sets legal precedents where you might be able to get a similar ruling in your own district.
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#7 of 25 Old 01-09-2009, 05:34 AM
 
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I dunno, following the letter of the law, I might write the following:


I, Molly, am a bona fide member of a specified, recognized religious organization whose teachings are contrary to immunizations.



Period.
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#8 of 25 Old 01-09-2009, 05:55 AM
 
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Page 33 of this document provides a sample of the Utah religious exemption form:

http://health.utah.gov/immu/provider...ook%202008.pdf

The form has a spot for "name of religious organization" but it doesn't need to be signed by any type of clergy.

It might be easiest to go with the personal exemption (it's the next page in the document).
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#9 of 25 Old 01-09-2009, 03:32 PM
 
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My son is only 8 months old. Would you mind keeping me posted on what happens?
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#10 of 25 Old 01-09-2009, 03:45 PM
 
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Go with the philosophical exemption. All you need to do then is sign the exemption and don't need to explain anything about religion.

Laura~ wife to my stuntman, Stig, mama to Gavin Rutgar reading.gif(4) and now Wyatt Andreas (1) and 2 little angel1.gif.

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#11 of 25 Old 01-09-2009, 07:22 PM
 
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Originally Posted by loveyourohana View Post
I am just wondering if what they are doing is actually lawful? If there is a federal law stating that religous beliefs can not be questioned, then I want to go with religous, i don't believe in them religously, and would like to see the freedom to religion and beliefs remain just that.
Read my exemption letter below.


Sample Religious Exemption Letter

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

~~~~~~~~~~~~~~~~~~~~~



"It should be a rule in all prophylactic work that no harm should ever be unnecessarily inflicted on a healthy person (Sir Graham Wilson, The Hazards of Immunization, 1967)."
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#12 of 25 Old 01-11-2009, 02:34 PM - Thread Starter
 
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Thank you all! I decided to just hand in the letter and see how that goes,if not I am rethinking enrolling him until something changes in the district. I am working on it changes aren't made, until someone fights it. I am calling FERPA on Mon.
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#13 of 25 Old 01-11-2009, 03:03 PM
 
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[QUOTE=loveyourohana;12940173]I just found out that receiving a religous vaccination for the state of ut for the school district is troubling me... rules state that a religous exemption can only be obtained if you are a member of a local religous group against the practice of vaccination and must provide proper documentaion from that local known religous group stating you are a member.... Ok. I thought that the federal laws state that you could be... Can't remember the exact wording but religion of flip flops and can't question your religous beliefs. I want to be well prepared when I enter the health dept. And school district this next week. Does anyone know anymore about this? Do I have the right to have a religous belief outside a local church, and still receive a religous exemption?[/QUOTE

I also live in Utah. Why don't you just get a Philosophical (sp?) exemption?
Much easier to get and they can't question you. I have one for my son, it was easy after being told by the ped, that she didn't approve of my dangerous decision not to vax, and then her rant about how she believed that Utah made it too easy for parents to get out of vaxes, we got our expemtion.

Brandy; Mother to Aspen (7/1996) and Ky (5/2006) and partner to Ryan

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#14 of 25 Old 01-12-2009, 03:02 PM - Thread Starter
 
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Read my other post ... Any other ideas of what to do, schoolforms, on the main vaccination board, and you will understand. My son already has a medical exemption, but I don't want to take any chances. If I have a religous exempt. I don't sign the form giving perm. If you are in ut, I am writing a letter to the district about the forms, any parents from ut willing to do the same thing might bring change. I can pm info if anyone would like. Also I would give a link to the other thread, but I am not around a comp. On my phone I will see if I can figure out the copy and paste. Try this link not promising anything... http://www.mothering.com/discussions...644&highlight=
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#15 of 25 Old 01-22-2009, 03:00 PM - Thread Starter
 
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Ok... I think I may have decided to fight the system. I would get a philisophical... however... REally my views are very religiously opposed. I don't like the fact that I am not allowed to practice those beliefs on this issue freely... It just isn't right.

Any ideas on how or who I would go through first? I don't have to belong to a church that has it written in the statutes to have a religous belief or standpoint against it. Any advice is appreciated.
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#16 of 25 Old 01-22-2009, 05:03 PM
 
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Originally Posted by loveyourohana View Post
Ok... I think I may have decided to fight the system. I would get a philisophical... however... REally my views are very religiously opposed. I don't like the fact that I am not allowed to practice those beliefs on this issue freely... It just isn't right.

Any ideas on how or who I would go through first? I don't have to belong to a church that has it written in the statutes to have a religous belief or standpoint against it. Any advice is appreciated.
It is already done for you. A state law does not trump a US Supreme Court ruling, which I included in the letter:

Quote:
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.

"It should be a rule in all prophylactic work that no harm should ever be unnecessarily inflicted on a healthy person (Sir Graham Wilson, The Hazards of Immunization, 1967)."
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#17 of 25 Old 01-22-2009, 05:33 PM - Thread Starter
 
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Ok... I didn't know that... I appreciate this sooo much. Does it make a difference as to which state though?

Thank you, THank you ,THank you!!!! They stuck with the story of you have to have a clergy sign. and verification crap! So I will keep pushing. I am sooo tired of all this being made out as sooo hard! Aghhhhh! Ok... feel better.
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#18 of 25 Old 01-22-2009, 10:11 PM
 
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As Emmeline pointed out,Civil Rights Act trumps any state laws. Just print out Title VII and bring it to the health dpt.
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#19 of 25 Old 01-23-2009, 12:39 AM - Thread Starter
 
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I can not thank you all enough... I was able to get the registry to work for me... they changed the words on the registry to basically say I didn't give permission etc.... my son had all his shots... has a med. exemption but it was overlooked. I have changed my religous beliefs since anyway, so I am going to recieve a religous exemption as well, and use that as well... that way, when my next one comes... its already on file that religious beliefs have changed.

This vaccination stuff is a nightmare!!!
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#20 of 25 Old 01-23-2009, 12:42 AM
 
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being the rebel that I am, I would go get ordained online and start my own religion.

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#21 of 25 Old 01-23-2009, 01:37 AM - Thread Starter
 
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being the rebel that I am, I would go get ordained online and start my own religion.
he he he... I have thought about that... I didn't know exactly what those sites were though... know of any?
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#22 of 25 Old 01-23-2009, 01:41 AM - Thread Starter
 
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he he he... I have thought about that... I didn't know exactly what those sites were though... know of any?
Maybe I will have that as backup
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#23 of 25 Old 01-23-2009, 01:53 AM
 
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#24 of 25 Old 01-23-2009, 01:55 AM
 
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;

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#25 of 25 Old 01-23-2009, 11:02 AM
 
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Ok... I didn't know that... I appreciate this sooo much. Does it make a difference as to which state though?

Thank you, THank you ,THank you!!!! They stuck with the story of you have to have a clergy sign. and verification crap! So I will keep pushing. I am sooo tired of all this being made out as sooo hard! Aghhhhh! Ok... feel better.
The US Supreme Court is on the Federal Level; their rulings affect ALL states like in 1967 when the US Supreme Court ruled Virginia's anti-miscegenation laws (no sex/marriage between whites and blacks) unconstitutional, thereby overturning Pace v Alabama and ending all race based legal restrictions on marriage in the US. If it did not affect all states, dh and I would be criminals right now.

"It should be a rule in all prophylactic work that no harm should ever be unnecessarily inflicted on a healthy person (Sir Graham Wilson, The Hazards of Immunization, 1967)."
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