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Bill to Restrict Vaccine Exemptions Losing Support in Oregon

No thanksSALEM, Ore. -- Centuries-old diseases like measles have been making a comeback lately after an outbreak started at Disneyland, and spread to several cases in Oregon and Washington.

But a bill in Salem that would make vaccines mandatory for kids for those types of illnesses, is losing support fast.

Three weeks ago, Senate Bill 442 had strong support and was making quick headway. But now, even supporters admit, the way it's written now, the bill is at risk of dying in committee before it even gets a vote.

The bill would make it so parents could only opt out or delay vaccines for their children for medical reasons, not for any personal, religious or philosophical exemptions such as are allowed now.

If passed, and a child doesn't get their mandated shots, no exemption note, other than for a medical reason, would help; they couldn't go to school. Other than home school, that would leave thousands of kids without their constitutional right to education, and that's where some politicians are having a hard time with it.

Robert Kennedy, Jr. lobbies against vaccine bill

Read the full report at Oregon's KGW TV.

Comments

Godfrey Wyl

@Pam:

"Although, I wonder, if it is that easy, why did the nurse feel she needed to resort to forgery? Maybe it depends on who you are dealing with."

Perhaps she was also under a misapprehension. Regarding the latter point, this does seem to be something unpredictable in the one state with an enforcement system, New York.

cia parker

Pam,
You're right, if parents refuse to submit, they're not going to be able to implement the vaccine mandate. I saw in one book that even in states with only medical exemptions, parents can take an affidavit to the relevant agency which states that they are conscientious objectors to vaccines, and then let them counter if they can. They could also take a statement to the physician and say that they won't accept the vaccine unless he signs guaranteeing that if the patient reacts he accepts complete legal responsibility for the results. And absolutely, bring it on! I can see it now, dozens, hundreds, of parents in a class action suit bringing the facts about vaccine dangers as evidence in court. Bring in some vaccine-damaged children as exhibit A. And then the tables would turn. They know they're losing their grip, and this may be their last chance to force everyone into compliance.

Pam

Linda1 - I agree, the govt. often does things that infringe on our freedom. Sometimes though, the people fight back, win, and things change. I would love for this to be debated in open court; a high profile case where we could lay out all sorts of "inconvenient truths" that the govt. works hard to keep under wraps. Rather than interviews and quotes for news stories that allow vaccine pushers to ignore, distort and flat-out lie about the vaccine dangers and falsified research, they would be forced to acknowledge the truth of vaccine failures and risks, and history of CDC/pharma corruption. I imagine it is exactly the sort of exposure they don't want.
Maybe I've seen too many law shows on TV, but it could be a way for the truth to come out.

Godfrey Wyl - I see now what you are saying about the NC religious exemption acting almost like a philosophical exemption because it seems you only have to frame your objection in a religious context to make it qualify, not prove that it is connected to a specific religion. I misunderstood I guess. Although, I wonder, if it is that easy, why did the nurse feel she needed to resort to forgery? Maybe it depends on who you are dealing with. Some school officials challenge the sincerity of parents' exemption statements to intimidate them. Perhaps she couldn't afford an attorney to help push back.

CIA parker - Thanks for the information. I found the excerpt from Randall Neustaedter's book regarding legal challenges to religious exemptions. Seems like despite many challenges, the courts have continued to uphold parents' right to religious objection to medical treatment.

So, that being the case, if the exemption elimination bills pass, what about the possibility of a class acton lawsuit? What about the ACLU? Seems like they have taken on at least one case like this:

http://aclu-nca.org/docket/seeking-a-religious-exemption-from-vaccination

Who is William Thompson ?

@ Godfrey Wyl

I object & refuse to submit to Hg-enocide .

Do I have any grounds under the constitution in your well read legal opinion ?

Godfrey Wyl

@Pam:

"I know a nurse who lived in NC with her family. NC allows only a medical and a strict 'bona fide religious belief' exemption. The law states that your personal/philosophical belief is insufficient, and instead must be based on the tenants of an organized religion."

As such "organized religion" requirements have long since failed to pass Constitutional muster, I had a look. North Carolina General Statute 130A-157 reads as follows:

"If the bona fide religious beliefs of an adult or the parent, guardian or person in loco parentis of a child are contrary to the immunization requirements contained in this Chapter, the adult or the child shall be exempt from the requirements. Upon submission of a written statement of the bona fide religious beliefs and opposition to the immunization requirements, the person may attend the college, university, school or facility without presenting a certificate of immunization."

In short, without the administrative structure that distinguishes New York State, it is functionally equivalent to a philosophical exemption.

Tim Lundeen

California is one of the states that requires home schools to follow the same vaccination law as public schools. So if CA SB277 passes as is, and we cannot get a medical exemption, we are going to move to a state that allows parents to provide informed consent for their children.

Linda1

Pam,
Tyranny doesn't make sense. It is unconstitutional but that hasn't stopped them so far. Meanwhile, in the first century Christianity wasn't considered an organized government approved religion.

cia parker

Pam,
Randall Neustaedter has a section in his book The Vaccine Guide on legal challenges to the vaccine requirement and the use of the religious exemption, with summaries of many cases which ruled that the parents had a right to take a religious exemption even if they didn't belong to a church like Christian Scientists. You can read it online for free, I found that entire section online a couple of months ago.

Pam

In Pennsylvania, where I live, there is a bill to eliminate the religious/philosophical exemption. Unfortunately, PA also requires that parents provide proof of vaccination for their homeschooling kids. Actually, many states do, so for many, the new laws mean NO SCHOOL OF ANY KIND for kids not following the CDC schedule. Of course, the next step after kicking the kids out of school is to jail parents for breaking truancy laws.

I know a nurse who lived in NC with her family. NC allows only a medical and a strict "bona fide religious belief" exemption. The law states that your personal/philosophical belief is insufficient, and instead must be based on the tenants of an organized religion. This nurse did not want to vaccinate her kids, and solved her problem by falsifyiing her children's vaccine records for school. Very illegal I am sure, and quite a risk for someone with a medical career.

(Is this what it's coming to? Pushing people to do things they ordinarily would never consider?)

If the "bona fide" religious exemption were legally challenged, surely the courts would have to find that a person's strongly held beliefs are just as protected as those that come from an organized religion, right?

I guess that's why they're trying to get rid of everything but medical. That way they can guarantee that the only belief's that matter are those of the CDC.

But is the effort to take away religious belief exemptions, of any kind, constitutional? I don't know much about the law, but does the constitution allow states to force someone who is staunchly anti-abortion to accept a vaccine that contains aborted fetal tissue? Seems like a no brainer to me. And if it doesn't, how could they say a persons belief that the immune system is a gift from God and shouldn't be screwed up by risky procedures, has any less right to their belief?

I just DO NOT understand how what their doing isn't a violation of our right to religious freedom. I find it more than a little ironic that practicing one's beliefs without govt. interference is what sent folks to the "new world" in the first place.

So, has anyone heard of a possible legal challenge to removing religious exemptions? What am I missing here???

Jeannette Bishop

Thank you, RFK Jr., for your efforts to make our healthcare less unsafe!


Link for the above:
http://www.kgw.com/story/news/health/2015/03/09/mandatory-child-vaccination-bill-losing-support-in-salem/24676589/

Linda1

"that's where some politicians are having a hard time with it."

That's right. So many people would pull their kids out of school that the school system would take a financial hit in loss of federal funding for each and every one of those students. Even if they don't care about the children, they now have to choose between pleasing Pharma and friends and saving their school system.

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