A federal judge in West Virginia has ruled in favor of compulsory vaccinations, despite the First Amendment's free-exercise clause.
The case involves a mother of two school-age children asserting free exercise, equal protection, and due process challenges. The federal district court upheld the state law on vaccinations. Mat Staver of Liberty Counsel explains. "West Virginia is one of those few states in the nation that does not allow any opt outs for religious reasons with respect to vaccinations," says Staver. "Most states allow opt outs whether it's for religious reasons or even for the broader philosophical reason." The attorney feels that individuals should be allowed the option "if you simply do not want to have a vaccination or particularly if you don't want to have a vaccination because it goes contrary to your religious beliefs." He further believes the court's decision contradicts other federal court decisions and the First Amendment. "This particular case needs to be reversed on appeal because it is contrary to the intent and purpose of the First Amendment," Staver contends. "If anything, the First Amendment free-exercise clause should allow you to be able to opt out of some kind of intrusive, invasive procedure with respect to your body." The court's conclusion was that the free-rights clause does not obligate states to provide a religious exemption form in the requirements of immunization.
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