It is trying to block the California law’s elimination of personal belief exemptions, which previously allowed parents to enroll their children even if they weren’t up-to-date on the full vaccination schedule as published by the U.S. Centers for Disease Control and Prevention.
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“I thank God the court made the right decision”, said Matt Fairchild, a Catholic, 46-year-old, retired Army staff sergeant from Burbank living with terminal melanoma that has spread to his bones, lungs and brain.
The bill was signed into law in June 2015 by Democratic Governor Jerry Brown and requires pupils to be vaccinated against childhood diseases unless they have a medical reason to refuse.
Sabraw wrote in his ruling that “case law makes clear that states may impose mandatory vaccination requirements without providing for religious or conscientious objections”. “While the court still has to decide the merits of the case, based on this ruling and prior court rulings in similar cases, we are confident we will prevail in the end”.
Attorney Jim Turner, representing the plaintiffs, said their children will not be allowed to attend school except for home schooling while the suit proceeds.
“After watching my wife Michelle die in agony from cancer two years ago because she could not utilize medical aid in dying to die peacefully in her sleep, I am thankful the court did not take away this option for other terminally ill Californians”, said Tujunga resident Deborah Reuter-Zsarko.
Meanwhile, unvaccinated or partially vaccinated schoolchildren who can not obtain a medical exemption must be home-schooled.
Last month, the plaintiffs filed a motion alleging SB 277 violates their rights to free exercise, equal protection, due process and education. It was passed after a measles outbreak among unvaccinated people at Disneyland in 2014. Under the law, kindergartners and seventh-graders must show proof of having received the government’s recommended set of vaccinations. They also say school districts have denied admission to children with medical exemptions.
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The plaintiffs said that since 1961, the state has dramatically increased the number of vaccines it requires for children.
