Supreme Court won’t hear challenge to New York school vaccine rules

The U.S. Supreme Court will not hear a challenge to New York state’s requirement that all children be vaccinated before they can attend public school, upholding an appeals court ruling that said the policy does not violate students’ constitutional right of religious freedom.

The appeals court had also upheld a federal judge’s ruling that students exempted from the immunization policy for religious reasons could still be barred from school during an outbreak of a vaccine-preventable disease.

“I applaud the Supreme Court for letting stand the Second Circuit’s decision recognizing the validity of laws in both New York State and New York City requiring vaccinations for schoolchildren,” state Attorney General Eric Schneiderman said in a statement. “Protecting children from debilitating communicable diseases shouldbe a toppriority.”

The attorney for three New York City families who challenged the mandate indicated the issue was not going away.

“I’m disappointed but I think there’s more coming,” attorney Patricia Finn said.

She pointed to a preliminary injunction issued by a federal judge in White Plains late last month allowing a Clarkstown parent the right to exempt a boy from vaccines containing animal byproducts or fetal tissues on religious grounds.

The issue also is under discussion in California, where there are efforts to repeal a new law that did away with the state’s personal belief exemption for immunizations, and in Vermont, which earlier this year removed a philosophical exemption but kept a religious exemption in place.