Requiring the vaccination of all children attending New York public schools does not violate the constitutional rights of their parents, the 2nd Circuit ruled.
“Plaintiffs argue that a growing body of scientific evidence demonstrates that vaccines cause more harm to society than good, but as Jacobson [v. Massachusetts] made clear, that is a determination for the legislature, not the individual objectors,” the unsigned opinion published Wednesday in Manhattan states.
Jacobson, a U.S. Supreme Court from 1905, holds that compulsory vaccination does not violate an individual’s due-process rights, given the state’s interest in protecting the population as a whole.
Dina Check, the plaintiff who challenged the New York law at issue on the basis of her Catholic beliefs, testified that medical treatment should be “strictly by the word of God,” and that vaccines could hurt her daughter.
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