Do Non-Medical Exemptions to Compulsory Vaccination Programs Violate the Fourteenth Amendment?

Allan J. Jacobs, Flushing Hospital Medical Center/New York University

Abstract

Compulsory vaccination programs for children constitute good public policy, as they prevent epidemics of dangerous diseases. They also are constitutionally permitted. All but two states permit exceptions for parental beliefs. I argue that belief exemptions may violate the Fourteenth Amendment rights of children whose parents do not claim such exemptions. They certainly infringe on those rights when non-exempted children are required by law to go to school with exempted children. Finally, I demonstrate that children have standing under current Cases and Controversies doctrine to sue for enforcement of these rights.