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8th Circuit won't consider Arkansas school vaccination case

By The Associated Press
03.09.04

LITTLE ROCK, Ark. — The 8th U.S. Circuit Court of Appeals has refused to hear an appeal by a group seeking exemptions to a state law mandating vaccinations for public school students, saying their arguments on that point are moot.

A three-judge panel ruled March 8 that changes Arkansas made to the law have granted the exemptions the students and their parents requested, leaving no legal issue for the court to decide.

Some of the students and their parents sued because they held religious beliefs against taking the vaccinations. Others objected for different reasons. The law previously granted exemptions for religious reasons, but that section was ruled unconstitutional since it only applied to practitioners of recognized religions.

That 2002 ruling erased all provisions for opting out but left the immunization requirements intact. Greg Karber, a Fort Smith attorney representing the plaintiffs, obtained an injunction allowing about 500 unvaccinated students to continue attending school while the case was in the courts.

The state Legislature later amended the statute to grant broader exemptions based on "religious or philosophical beliefs." That action prompted the court's decision yesterday in McCarthy v. Ozark School District.

The plaintiffs also have challenged a portion of state regulations implementing the new law. Those rules require students to file an annual exemption application, a notarized statement requesting the exemption, completion of a class on the risks and benefits of vaccinations, a signed consent statement regarding their refusal and a signed statement authorizing the state Department of Health to bar non-immunized children from school during an outbreak of a covered disease.

The appeals court said it could not rule on those objections because lower courts had not considered the challenge.


Previous
Federal judge rejects religious exemptions to Arkansas immunization law
Family objects to having to define its religion; judge agrees that's unconstitutional but says all students must be vaccinated. 07.29.02

Related

2nd federal judge strikes down religious exemptions to Arkansas vaccination law

Court rules section of statute limiting exemptions to members of 'recognized churches' violates First Amendment. 08.14.02

Neb. couple fails to topple newborn blood-screening law
Federal judge backs state law over the religious-freedom objections of Scientologists Ray and Louise Spiering. 09.13.06

Some parents falsely claim religious objections to child vaccines
AP examines states’ child-vaccination data, finds adults who say they are forced to lie because of the way laws are written in their states. 10.27.07

Mother can block state from vaccinating child
Arizona appeals panel rules parent's religious-liberty rights remain even if child is taken into state custody for his or her well-being. 11.27.07

Vaccination & religious exemptions

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