In June 2015, California passed a new law barring religious and personal-belief exemptions from the state’s existing mandatory immunization law.[1] Beginning at the start of the 2016 school year, unvaccinated children may only enroll in school with a medical waiver from a licensed physician. [2] While approximately 30 states have removed the personal-belief exemption, California has become one of only 3 states, along with West Virginia and Mississippi, to bar religious exemptions as well.[3] The new law, SB 277, will affect nearly 80,000 students that currently claim personal-belief exemptions. [4]
The law requires that as of July 1, 2016 newly enrolled children will need to be vaccinated absent a sufficient medical waiver.[5] If a child has filed a personal-belief exemption before January 1, 2016, they must comply with the law before reaching the 7th grade. [6] However, children currently in the 7th grade or higher will remain exempt.[7] Parents still have the ability to decline vaccines for their children, however, unvaccinated or partially vaccinated children must be homeschooled. [8]
The law was passed only months after a measles outbreak in California which started in Disneyland and spread to over 150 cases statewide. [9] Although there are many supporters who argue that SB 277 is a necessary protection for schoolchildren, the law has had its fair share of opposition. Parents argue that the law is violating their right to make decisions about their children’s health and safety. [10] The opposition towards vaccines has grown with the increasing number of parents asserting a link between vaccination and autism. [11]
Opponents of the law have held numerous protests and have used social media to raise awareness of the potential risks associated with vaccinations. Actor Jim Carrey, expressed his disapproval on twitter, calling Governor Jerry Brown a “corporate facist” who is poisoning our children. [12] Carrey has often voiced his concern with the levels of mercury, aluminum and thimerosal in the mandatory vaccines. [13]
An additional argument that has gained a lot of attention in the recent months is whether SB 277 interferes with a child’s right to public education.[14] To address these concerns, a group of parents and a non-profit organization, Education 4 All, filed suit in the U.S. District Court claiming that SB 277 violates the state constitution. [15] The court has denied the petitioner’s’ request for a preliminary injunction which would allow the law to be suspended while the case is being decided. [16] The court stated that there is a long history of requiring children to be vaccinated before entering school and the law will only benefit and protect the community as a whole. [17]
Ultimately, parents may have the right to make health decisions for their own children. But, do they also have the right to put other students, as well as the community in danger as a result of their decisions?
1 Patrick McGreevy and Rong-Gong Lin II, California Assembly approves one of the toughest mandatory vaccination laws in the nation, L?? A?????? T???? (June 25, 2015), http://www.latimes.com/local/political/la-me-pc-vaccine-mandate-bill-up-for-vote-thursday-in-california-assembly-20150624-story.html
2 Paul Sisson, Federal judge denies injunction against California vaccination law for schoolchildren, L?? A?????? T???? (Aug. 26, 2016), http://www.latimes.com/local/lanow/la-me-ln-california-vaccination-schools-20160826-snap-story.html
3 Melissa Healy, Pediatricians urge states to get tough on parents who don’t want to vaccinate their kids, L?? A?????? T???s (Aug. 29, 2016), http://www.latimes.com/science/sciencenow/la-sci-sn-pediatricians-vaccines-exemptions-20160828-snap-story.html
4 Phil Willon & Melanie Mason, California Gov. Jerry Brown signs new vaccination law, one of nation’s toughest, L?? A?????? T???? (June 30, 2015), http://www.latimes.com/local/political/la-me-ln-governor-signs-tough-new-vaccination-law-20150630-story.html
5 Id.
6 Id.
7 Id.
8 Paul Sisson, supra note 2.
9 Veronica Rocha, Jim Carrey calls Gov. Brown a ‘facist’ for signing new vaccination law, L?? A?????? T???? (July 1, 2015), http://www.latimes.com/local/lanow/la-me-ln-actor-jim-carrey-vaccines-20150701-story.html
10 Phi Willon & Melanie Mason, supra note 4.
11 Id.
12 Veronica Rocha, supra note 9.
13 Id.
14 Soumya Karlamangla, Opponents sue to stop California’s vaccination law, L?? A?????? T???? (July 5, 2016), http://www.latimes.com/local/lanow/la-me-ln-vaccination-lawsuit-20160705-snap-story.html
15 Id.
16 Id.
17 Paul Sisson, supra note 2.