Religion's Hepatitis B Shot: The Arkansas General Assembly Established an Overly Broad Religious Exemption to Mandatory Immunization after the District Court Invalidated the Original Religious Exemption - McCarthy v. Ozark School District
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Authors
Quackenbush, Devin W.
Issue Date
2009
Volume
42
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|Immunizations are imperative for society's health and safety. It is well settled that individual rights must be subordinated to the compelling state interest of protecting society from the spread of disease. Furthermore, the Supreme Court decided that a government entity may adopt compulsory immunization programs to protect the health and safety of the public long ago. However, some religious beliefs require that a person abstain from immunizations. The Establishment Clause of the Constitution prohibits Congress from making laws that respect an establishment of religion or laws that prohibit the free exercise of religion. In attempting to honor the First Amendment rights of individuals with religious objections to immunization, some states allow exemptions from mandatory immunization laws. However, legislatures endeavor to limit the number of exemptions given to individuals with religious objections to immunizations so as to prevent an outbreak of disease in an effort to protect public health...
Description
Citation
42 Creighton L. Rev. 777 (2008-2009)
Publisher
Creighton University School of Law