Law’s fate unclear
Dems’ bill to end religious exemptions for vaccinations may not have enough support
Bill to end nonreligious exemptions to vaccinations may lack support.
Time is running out for state lawmakers to act on a bill that would end non-medical exemptions to the state’s vaccine requirements for children to attend school.
Assembly Health Committee Chairman Richard Gottfried, D-manhattan, has said that he would schedule the bill for a vote if the sponsor, Assemblyman Jeffrey Dinowitz, is able to rally enough votes to get it through the committee level.
It appears that the Bronx Democrat still has some armtwisting to do.
The number of measles cases in New York continues to climb, primarily in areas with lower vaccination rates, but many state lawmakers are skittish about supporting a measure that appears to curb religious freedoms.
The Assembly committee is scheduled to meet Wednesday but the bill is not on the agenda.
“The vote count on the floor and among committee members still seems unclear,” Gottfried said in a statement. “I’m still thinking through my position and that may well be true for other legislators.”
State law enables nonvaccinated children to attend school with a medical waiver or if the child’s parent or guardian “holds genuine and sincere religious beliefs contrary to the required immunizations.”
Supporters say the religious exemption has been interpreted too broadly and has led to serious outbreaks in places like Brooklyn and Rockland County.
The 26-member Assembly Health Committee includes seven Republicans, all of whom would vote against the measure on the committee level, according to the body’s ranking Republican, Assemblyman Andrew P. Raia of Suffolk County.
Of the Democrats on the committee, six said they would vote against it or expressed serious reservations about the measure. Thirteen “no” votes would effectively kill the bill in the committee, where 14 are needed to advance legislation.
Several committee members reported that they have been inundated by calls from out-ofdistrict activists and are wary of political backlash.
Assemblyman Jeffrey Dinowitz, D-bronx, noted that “all the established religions, Judaism, Christianity and Islam,” allow vaccinations and numerous religious leaders have urged their communities to get the shots.
“The opposition is extraordinarily loud and some engage in bullying tactics on social media, but they represent a tiny, tiny number of people,” Dinowitz said.
At least 10 committee members stated that they would support the bill, including Assemblywoman Sandy Galef, a Westchester County Democrat. Brooklyn Assemblywoman Rodneyse Bichotte was unreachable.
“I would vote to repeal the religious exemption for the health of everyone else,” Galef said.
New York City and Rockland
County have declared states of emergency, and New York City Mayor Bill de Blasio has shut down several schools that had not enforced vaccinations.
The law grants school administrators the discretion on whether the belief is genuine and sincere.
Disputes between schools and parents have prompted the state Department of Education to order schools to accept non-vaccinated children with waivers, or for the school to reconsider its rejection of a request for religious exemption.
With the exception of an emergency order from state or local health departments, schools consider all requests for religious exemptions in a manner consistent with applicable laws and regulations, according to the state Education Department. California ended personal belief exemptions in 2015 and it led to increased vaccination rates among school children.
Some Democrats in Albany, including assembly members Charles Baron and Steven Cymbrowitz, said they believe parents should have a choice. Others, like Assemblyman Tom Abinanti, have questioned accepted vaccine science.
Last month, Robert F. Kennedy Jr., a longtime vaccine critic, led a rally against the bill on the Capitol lawn promoting the widely debunked theory that the measles, mumps and rubella vaccine is linked to autism and other conditions.
Gottfried remains undecided on the legislation. The New York Times has reported that Gottfried’s longtime chief of staff is critical of vaccinations and has posted her views on online message boards. Gottfried said that he is not influenced by the views of his staff members.
In 2017 and 2018, Gottfried carried a bill that would strengthen the religious exemption. Other members of the committee, who now support ending non-medical exceptions, also signed onto the bill.
The Senate has completed its committee meetings for the session, but Senate Majority Leader Andrea Stewart-cousins last week said that the Democratic conference has enough votes to pass the measure.
“If we are going to seek a solution it has to be both houses and the governor has to sign it,” said Senate Health Committee chairman Sen. Gustavo Rivera, D-bronx. “There is still a couple of weeks left.”