On Friday it was dismissed the request of 55 anti-vaccine families to constitute an exception for school vaccination, where the argument against was the religious beliefs. The decision was taken by a New York State Supreme Court Justice.
Justice Michael recalled previous court decisions that declared the state as having the full power of decision in matters as protecting the public health in the face of outbreaks. He also stated that the families had low chances to win the lawsuit.
Although, the lawyers, Michael Sussman and Robert F. Kennedy, the well-known anti-vaccine advocate, promised to go on with the case.
“While this decision is a set-back, it isn’t the final decision. The case will move forward with more decisions to come.” – said Kennedy’s anti-vaccine nonprofit, Children’s Health Defense.
On Wednesday, the families initiated the process on a class-action lawsuit basis. They provided the freedom of religion argument, saying it is unlawful to cancel religious exemptions in the light of the Constitution.
A massive measles flare-up in New York determined the state’s quick action starting with last September. Since then, 987 cases have been identified especially amongst children that didn’t receive previous immunization.
The Exemption Became a Contagious Factor
Around 26,000 residents students amounted to exceptions for measles immunization between 2017-2018, the school year.
New York Governor Andrew Cuomo said before signing the repeal:
“The science is crystal clear: Vaccines are safe, effective, and the best way to keep our children safe. This administration has taken aggressive action to contain the measles outbreak, but given its scale, additional steps are needed to end this public health crisis. While I understand and respect freedom of religion, our first job is to protect the public health, and by signing this measure into law, we will help prevent further transmissions and stop this outbreak right in its tracks.”
The decision of Justice Mackey was made to eliminate any misconceptions that anti-vaccine parents and supporters are trying to spread throughout the masses. Other similar cases have been abolished in Kentucky and New YorkCity in order to fight the expanding disease of infectious type.
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