Research Guides: Student Project: Compulsory Vaccination Law In New York State: Seminal Case Law

Post-Jacobson v. Massachusetts Decisions (1914-1989)

People v. Ekerold, 105 N.E. 670 (N.Y. 1914)
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The law requiring vaccination of children in the public schools is a proper one. A parent may not escape his duties under the New York Education Law by pleading simple unwillingness to have his child attend the public schools subject to the condition of vaccination.
In re Whitmore, 47 N.Y.S.2d 143 (Dom. Rel. Ct. 1944)
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The children who come into the world are entitled to protection, even though the parent has ideas or notions of principles contrary to the needs of the entire community. Therefore, a child must be vaccinated, even though vaccination is contrary to the religious principles of its parents.
New York v. Donner, 99 N.Y.S.2d 830 (Dom. Rel. Ct. 1950)
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An infringement of a parents religious liberty does not necessarily mean that constitutional rights have been violated. Parents religious convictions must yield to the public interest in compulsory education laws, which are universally enacted for the benefit of the country's children. A parents religious convictions can not interfere with the responsibility of the State to protect children's welfare.
In re Elwell, 284 N.Y.S. 2d 924 (Fam. Ct. 1967)
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New York Public Health §2164 is a valid exercise of the police power of state to enact a compulsory immunization law against poliomyelitis to which a child must conform for admittance to school and is not restricted to pre-school children.
McCartney v. Austin, 298 N.Y.S.2d 26 (App. Div. 3d Dep't 1969)
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An exemption to New York Statute §2164 only exists with affirmation of a bona fide religious belief, and predicated upon personal moral scruples within the intendment of the statute.
In re Sampson, 323 N.Y.S.2d 253 (App. Div. 3d Dep't 1971)
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Initially a parent has the duty and obligation to provide medical care for a child, but if he neglects that duty the state is authorized to act in his stead.
Maier v. Besser, 341 N.Y.S.2d 411 (Sup. Ct. 1972)
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The child of a person with a genuine and sincere religious belief may qualify for a statutory exemption if such a genuine and sincere religious belief is actively practiced and followed.
Brown v. City Sch. Dist. of City of Corning, 429 N.Y.S.2d 355 (Sup. Ct. 1980)
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If there is genuineness and sincerity of parent's religious beliefs and an absence of circumstances which, in opinion of public health authorities, would represent clear and present danger of particular communicable disease, a parent is entitled to exemption contained in Public Health Law relieving them of obligation to obtain immunizations for their child.
Sherr v. Northport-East Northport Union Free Sch. Dist., 672 F. Supp. 81 (E.D.N.Y 1987)
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A religious exemption from immunization to children whose parents or guardians are bona fide members of recognized religious organization, and whose doctrines oppose such vaccinations, is violative of both establishment and free exercise clauses of First Amendment to United States Constitution.
Lewis v. Sobol, 710 F. Supp. 506 (S.D.N.Y 1989)
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Equal protection was not violated by school district's treatment of parents' application for religious exemption for their daughter from vaccination requirement in absence of any evidence that their application was subjected to greater scrutiny than application of members of organized religion.
Mason v. Gen. Brown Cent. Sch. Dist., 851 F.2d 47 (2d Cir. 1989)
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A parents sincere belief that immunization is unnecessary and contrary to “genetic blueprint” is not enough if that belief is simply the embodiment of secular chiropractic ethics, rather than religious belief, for purposes of New York Public Health Law requiring that children be immunized against certain communicable diseases before being allowed to enroll in school unless immunization conflicts with religious belief.

Post-Jacobson Decisions (1990-2015)

Berg v. Glen Cove City Sch. Dist., 853 F. Supp. 651 (E.D.N.Y. 1994).
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School district is enjoined preliminarily from barring minor children from school due to their lack of receipt of immunizations, where parents feel they are members of Jewish faith but also interpret Torah and Bible to indicate that inoculations are clear defilement of body in direct violation of laws of God, because CLS Pub Health Law § 2164(9) provides exemption to those persons who oppose immunization on religious grounds, and parents’ evidence and cogent argument are likely to succeed in proving that their beliefs opposing immunization are both “religious” and “sincerely held.
Bowden v. Iona Grammar Sch., 726 N.Y.S.2d 685 (App. Div. 2d Dep't 2001)
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Religious exemption under New York Public Health § 2164(9) is applicable to private or parochial schools.
Caviezel v. Great Neck Pub. Schs, 500 Fed. Appx. 16 (E.D.N.Y 2012)
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A protected liberty interest in refusing unwanted medical treatment yields to the State's interest in preventing disease.
Fosmire v. Nicoleau, 551 N.Y.S.2d 876 (App. Div. 2d Dep't 1990)
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State's interest in protecting and preserving lives of its citizens is not sufficiently substantial to outweigh patient's right to determine course of medical treatment.
In the Matter of Christine M, 4595 N.Y.S.2d 606 (Fam. Ct.1992)
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A failure to inoculate a child, especially during the height of an epidemic, may classify as neglect within the meaning of the N.Y. Fam. Ct. Act § 1012 (f). A court may decline to order an inoculation in the absence of an outbreak or epidemic.
Lynch v. Clarkstown Cent. Sch. Dist., 590 N.Y.S.2d 687 (Sup. Ct. 1992)
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Procedure followed by school district in examining request that child be admitted to school without immunizations required by CLS Pub Health § 2164 was not arbitrary or capricious where (1) parents submitted letter from physician who stated that immunizations were medically contraindicated, (2) school district referred matter to its chief medical officer, (3) chief medical officer spoke with physician and determined that he specialized in area not recognized by board of regents, and (4) chief medical officer undertook review of relevant medical literature and spoke with medical experts in field.
Nassau County Dep't of Social Servs. v. R.B., 870 N.Y.S.2d 874 (Fam. Ct. 2008)
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Families qualify for religious exemptions to mandatory immunization pursuant to Public Health Law § 2164(9), where it is demonstrated that the opposition to vaccination was genuine and sincere, and rooted in a religious belief that the administering of man-made medicines to cure illness and disease was forbidden by their religion.
Phillips v. City of New York, 775 F.3d 538 (2d Cir. 2015)
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Parents of minor unvaccinated children brought action against state officials, city, and city department of education, challenging constitutionality of state's statutory vaccination requirement and a state regulation allowing unvaccinated children to be excluded from public school based on outbreak of vaccine-preventable disease. The Court of Appeals held that: 1 vaccination statute does not violate substantive due process; 2 vaccination statute does not violate Free Exercise Clause; and 3 parents failed to state an equal protection claim.

Distinguished Jacobson v. Masachusettes
Turner v. Liverpool Central School District,186 F. Supp. 2d 187 (N.D.N.Y. 2002)
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Pub Health § 2164(3) did not violate Establishment Clause, in that statute promoted no particular religious point of view, did not have primary effect of advancing or inhibiting religion, and did not require state to assess validity of students’ religious beliefs.

Phillips v. City of New York Brief
- Brief for Plaintiffs-Appellants with Special Appendix
- Reply Brief for Plaintiffs-Appellants

Student Project: Compulsory Vaccination Law In New York State: Seminal Case Law

Pre-Jacobson v. Massachusetts Decisions

Post-Jacobson v. Massachusetts Decisions (1914-1989)

Post-Jacobson Decisions (1990-2015)