NY Court Decision: Religious waivers UNCONSTITUTIONAL-exposes community to Illness

unconstitutionalJanuary 8,2015 The District Court granted the state summary judgment, and the 2nd Circuit affirmed that finding Wednesday, citing Prince v. Massachusetts, a 1944 decision by the Supreme Court.
This case holds that a parent “cannot claim freedom from compulsory vaccination for the child more than for himself on religious grounds. The right to practice religion freely does not include liberty to expose the community or the child to communicable disease or the latter to ill health or death,'” the ruling states.
     A law requiring the vaccination of all children to attend public school, regardless of religious beliefs, would be constitutional, the court found.

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.
A federal magistrate in Brooklyn denied Check’s daughter an exemption, however, citing “compelling evidence that plaintiff’s refusal to immunize her child is based on medical considerations and not religious beliefs.”
The judge pointed to Check’s own “testimony that she did not adopt her views opposing vaccination until she believed that immunization jeopardized her daughter’s health.” Read more..


…Eileen Dannemann

Warning: Do not double speak (for now)!  Being religious does not mean you have no brain.  Certainly a religious person can hold a deep seated belief in the Divine manifestation of the human life form and simultaneously determine via research that vaccines will likely put her child at risk.  One would also think that it would be against any religious belief that if a parent intellectually determines that the child would be endangered by vaccination, it would go against her religious belief and conscience if she went ahead and applied a medical treatment that she believed would harm her child. I wonder why they did not argue that!  And although she may not have adopted her religious belief until after she became aware of the dangers of vaccines that does not preclude a later epiphany…like a visit from Michael the Arc Angel or Jesus.  Who can argue with that or say that the Divine visit didn’t happen?  This New York court is bought!


UPDATE FEB. 3, 2015:  HUFFINGTON POST: Just a few weeks ago, a federal appeals court dismissed a lawsuit against New York’s vaccination law on the very same grounds — and issued its decision unanimously just two days after hearing oral arguments, calling the requirement “clearly constitutional.”

4 thoughts on “NY Court Decision: Religious waivers UNCONSTITUTIONAL-exposes community to Illness

  1. Aleathea

    What a shame! People should be able to practice their religious beliefs and attend public school …she’s paying school taxes for crying out loud!

    How can they act like her religious beliefs cannot overlap medical beliefs??? Many people’s beliefs overlap in this regard. This is why many people refuse to take loved ones off life support even when recommended by doctors because they believe that God would not approve.

    Looks like lots of Americans will be moving overseas, homeschooling, or starting community home-schools as this is the only way to maintain religious freedom. Shame on this nation!!!

    All the presidents are so quick to brag that America is build on Christianity, but then they deny people the right to practice their Christian beliefs!!! (Or whatever religious/spiritual beliefs they choose).

    Really…. I’m just so disgusted by the ignorance in this country. Why are most Americans walking around like clueless zombies while the country is falling apart? …believing everything they see on television? …believing that unethical money hungry drug companies are looking out for their health and well-being. This is ridiculous!

    I’m afraid to even talk about my spiritual beliefs because of some of these idiots. Maybe they would not need to worry so much about diseases if they learned to live right and eat right.

    Thanks for sharing.

  2. Dina Check

    Vaccines are put into the body and are an offense for the following reasons:
    Our bodies are wonderfully made by God and God has given us an immune system and the worldly means to keep it pure and vital. Vaccination are made by man to put into a healthy body. Presenting it to the body would show a great lack of faith in God’s immune system gift and promise of protection. We live by God’s promises and his protection. Also, while God wants us to heal the sick, vaccines are not for healing, and so vaccines have no place in our choices for healing an illness.

    Our body is a temple. “Do you not know that your bodies are temples of the Holy Spirit, who is in you, whom you have received from God? You are not your own; you were bought at a price. Therefore honor God with your bodies (1 Corinthians 6:19-20, NIV). We will honor our bodies and not present a cure for a illness that we do not have. It would be offensive to our faith to do otherwise.
    The foregoing is our sincere and genuine religious beliefs and for the reasons stated above we object to all vaccines in that they are a violation of our faith.
    I PROMISE to protect you
    I will hold you up

  3. Jim Keith

    How can ANYONE deny that the use of aborted fetal tissue in vaccines is a MORAL /RELIGIOUS issue?
    Only over my dead body…

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