A Judge In NY Has To Decide If Unvaccinated Children Should Be Allowed In School Risking The Lives Of Other Children
Just two months ago, New York Governor Andrew Cuomo signed legislation that mandates vaccination for children old enough to attend schools, and participate in education with other children, unless otherwise advised by a doctor. The legislation came after the spread of misinformation about vaccines caused a series of measles outbreaks in the spring. Scientific literature based on decades worth of data from tens of thousands of children has proven vaccination safe and effective for the public.
Attorney’s Robert F. Kennedy Jr. and Michael Sussman filed a class action suit for about three dozen parents who claim that vaccinating their children goes against their faith. Wednesday, Albany courtrooms were packed with over 1,000 anti-vaxxers who wanted to hear how the judge would rule in a debate around religious freedom vs. public health.
The crowd of anti-vaxxers wore white in reference to the Argentine mothers who wore white as they protested their government’s brutal killings and disappearances of their liberal children.
The anti-vaxxers feel that the implication of the government forcing them to vaccine their children from measles is tantamount to the Argentine government killing or “disappearing” 30,000 young, leftist political activists from existence in the 1970s.
In April 1977, 14 mothers, wearing images of their missing children’s faces around their neck, marched around the Presidential Palace in the Plaza de Mayo in Buenos Aires. They took a stand against a violent government in a defiant act to demand justice for their children.
These New York parents also feel the law doesn’t allow enough time to find proper education for their children.
The demonstrators told Gothamist reporters, Gwynne Hogan and Claire Lampen, that “the new law effectively disappeared their children from the school system.” If the religious exemptions aren’t upheld, their alternative would be to homeschool their children or move to a different state.
“[We’re] hoping that our kids are granted the right to go back to school. Our children have been kicked out,” Long Island mother Amy McBride, 41, told Gothamist. “We’ve all been meeting, trying to look at curriculums, understand how to make it work, what the regulations are, understanding what it takes to actually do that…Our beliefs are steadfast and sincere and true and we’re not going to cave.”
The lawyers in the case argued that legislators demonstrated “active hostility toward religion.”
“[These children] are going to have nowhere to go to school…They have no idea what they are going to do with these children,” Sussman said. New York State attorney Helena Lynch refuted that claim. “The actual legislative record is so clear that the motivation was public health,” Lynch said. “The right to religious expression does not encompass the right to place others in danger.”
Lynch also expressed that legislators aren’t targeting religious groups but are genuinely “skeptical” that those choosing not to vaccinate their kids were expressing personal beliefs rather than religious ones. The crux of the argument seems to rest on public health risk for allowing the religious exemption, especially when an approximate 26,000 children would be unvaccinated in New York schools.
The bill’s sponsor, Democratic Senator Brad Hoylman from Manhattan, specifically wanted to eliminate the religious exemption as the key reason for the recent spread of measles.
You have a First Amendment right to practice your own religion, but you do not have the right to endanger your children or worse other people’s children,” he told a press conference. Already, 14 percent of pre-school aged children in Williamsburg are estimated to be unvaccinated for religious reasons or otherwise. Another 28 percent in Rockland County were unvaccinated.
The anti-vaxxers expressed that they wished New York followed in California’s suit by allowing a year for the law to take effect. But public health advocates cite a sense of urgency for public safety measures, “This needs to be done, not tomorrow, not in a week, not in a month, and not in a year,” said one activist. “It must be done immediately, the numbers are gaining strength.”
Crowds packed even this overflow room as they waited for the judge’s answer.
They never heard it. Judge Hartman hasn’t made her decision yet about whether to allow 26,000 unvaccinated children go to New York schools in time for school start dates just three weeks from the hearing. The anti-vaxxers want her to put a stay on the state law which would allow those children to go to school while she continues to hear the case and make a final, permanent decision.