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California’s vaccine exemption law–prevalence and clustering effects

California-vaccination-schoolAll 50 US states (along with several territories and DC) require mandatory vaccination for children entering public (and frequently, private) schools. This system has essentially ended most vaccine preventable diseases in the USA, including measles, polio, chickenpox, and many others. It is considered one of the 10 greatest achievements in public health. Vaccines should probably be number 1 on the list. Overall, the immunization mandate has established a strong herd effect, which has generally ended transmission of these diseases.

Even though vaccination is mandatory, there are ways around it, if you choose. Every state allows medical exemptions, which is based on a proven risk for a child to not be vaccinated with one or more vaccines. For example, some vaccines are produced in chicken eggs, and a tiny percentage of children are allergic. Medical exemptions are absolutely critical to the well being of the child, and no pro-science (pro-vaccine) writer or researcher would be opposed to those types of exemptions.

But most of the exemptions are personal belief exemptions (PBE), which fall into one of two groups–religious exemptions, that is, the parent “claims” that their religion is opposed to vaccines; or personal exemptions, which are simply based on the fact that the parents are opposed to vaccination for whatever reason that hits their brain after 20 minutes of Googling “facts.” Most states allow both types of exemptions, some only allow religious exemptions, and one state, Mississippi, allows only medical exemptions. As a progressive, there is little positive I can say about Mississippi, but this is a major positive. So congrats Mississippi for caring about children, at least in this one important way.
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Hobby Lobby and Religious Exemptions: The Good, the Bad and the Ugly

church-state-roadsignIn the recent Burwell v. Hobby Lobby Stores, Inc. (Hobby Lobby) decision, a majority of the Supreme Court ruled that the Department of Health and Human Services (HHS)’s requirement that qualifying employer health plans under the the Patient Protection and Affordable Care Act of 2010 (ACA) include coverage for all FDA approve contraceptives cannot be applied to at least certain corporations stating religious objections. The Court found that the regulations violated the Religious Freedom Restoration Act of 1993 (RFRA)’s prohibition on burdening exercise of religion. The majority made every effort to make that decision narrow as possible – but it still has concerning implications for the future, and Justice Ginsburg’s ringing dissent raises very important questions.

When the Skeptical Raptor asked me to write about this decision, we intended that I will discuss how it affects religious exemptions to vaccination. But this decision is too important to stop there, so while I also address the vaccination aspect, my discussion is about the decision generally.

From my point of view – as a secular individual who believes reproductive freedom is crucial to women’s equality – the decision has some positives, but also much to be concerned about (I hope the analysis will also be useful to those whose views are different from mine, however). It’s not, however, a decision that turns the United States into a theocracy, as some of the more impassioned posts I’ve seen on Facebook suggest. In some ways, actually, just the opposite.
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Court upholds school policy denying religious exemptions to vaccines

school-vaccine-mandatoryGuest blog by Dorit Rubinstein Reiss. Dr. Reiss is a Professor of Law at the University of California Hastings College of the Law in San Francisco, CA. Dr. Reiss writes extensively in law journals about the social and legal policies of vaccination.  She is also member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease.

This article focuses on a recent Federal court ruling in New York that re-stated the precedent that the state has significant authority to mandate immunizations to protect individuals and the community from vaccine preventable diseases–despite claims for religious exemption from those mandates.

It’s in Our Hands, the Courts Say Again: Wake up, Sheeple

Last week the Federal District Court of the Eastern District of New York rejected a claim brought by three plaintiff families against various aspects of New York’s school immunization requirements. The decision did not include any legal innovation: it was completely based on well-established precedent. But it offers a chance to reflect on what that precedent is, why it is in place, and what it means for us.

The take-home point? Our immunization jurisprudence gives states substantial leeway to protect the public health via vaccination requirements, specifically, in this context, by allowing states to decide whether, and under what conditions, to exempt students from school immunization requirements. But states have to actually use that power to achieve anything. By leaving the floor to the passionate, if passionately wrong, anti-vaccine minority, we are allowing them to undermine the right of the rest of us to be free from preventable diseases.

In other words, those who vaccinate need to speak up and make it clear to their elected representatives that they want state law to protect their children – and the community – against outbreaks of preventable diseases. The laws will not enact themselves, and our representatives need to know the public wants this protection, that the public does not want high rates of measles cases or other diseases.

Just like the diseases, anti-vaccine legislative successes are preventable. And just like the diseases, doing nothing won’t prevent them.
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No faith–vaccines, religion, and healthcare workers

dorit-reissGuest blog by Dorit Rubinstein Reiss. Dr. Reiss is a Professor of Law at the University of California Hastings College of  the Law in San Francisco, CA. Dorit writes extensively in law journals about the social and legal policies of vaccination. This article focuses on a recent court decision regarding mandatory vaccination–but it ends up being more about religion than vaccines.

June Valent started working for Hackettstown Community Hospital, New Jersey, in 2009. In 2010, the hospital adopted a policy requiring workers to be vaccinated against influenza, unless “there [was] a documented medical or religious exemption. For those with an exemption, a declination form must be signed and accompanied with an appropriate note each year.” An employee claiming a religious exemption just has to sign a form and bring a note from a religious leader. Employees using an exemption were required to wear a mask.

To her credit, Ms. Valent was unwilling to pretend her reasons for refusing the vaccine were religious. Less to her credit, she refused to be vaccinated, even though she had no medical reason, and vaccinating would reduce her chances of contracting influenza and transmitting it to her vulnerable patients. She did agree to wear a facemask, as any vaccine exempt worker would.

The hospital fired Ms. Valent for violating the policy. The issue under consideration was whether she was entitled to unemployment benefits. Under New Jersey law, an employer may deny unemployment benefits if the employee engaged in misconduct, which includes violating a reasonable rule of the employer. After somewhat complex proceedings, the Appeal Tribunal of the Board Of Review of the Department Of Labor decided to deny her the benefits because the employer’s requirements were “not unreasonable.”

The New Jersey Appellate Division reversed (pdf), reinstating the benefits. There is often a lot in a court decision, but for our purposes, the main points were:

  1. Because the employer offered a non-medical exemption, a religious exemption, the employer’s policy was clearly not just driven by health concerns.
  2. Firing Ms. Valent “unconstitutionally violated [her] freedom of expression by endorsing the employer’s religion-based exemption to its flu vaccination policy.” The policy “discriminates against an employee’s right to refuse to be vaccinated based only on purely secular reasons.”

Note that the question was not whether it is permissible to fire Ms. Valent for refusing a flu vaccination–reinstating her was never at issue. The question was does she deserve unemployment benefits. On this issue, this post makes three points:

  1. The Court’s decision is problematic – it’s not analytically strong and ignores existing exemption jurisprudence.
  2. The result – extending this specific exemption – does fit current jurisprudence, though not for the reasons provided.
  3. Hospitals should not offer a religious exemption from vaccination. That’s a losing proposition.

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Mammoth created on sixth day–according to South Carolina

Ah, South Carolina. The Palmetto State. A lovely state, with beautiful beaches and forests. 

But also known as the Whoopee Cushion of the Nation. And they’ve blown up the cushion again, and the rest of the country is snickering.

south-carolina-mammoth

Through the persistence of an eight-year old third grade student, Olivia McConnell, the South Carolina House voted 94-3 on HB 4482 in February to specify that the Columbian mammoth (Mammuthus columbi) as the official state fossil. Olivia wanted the mammoth as the state fossil because its teeth were one of the first vertebrate fossils found in North America, dug up by slaves on a South Carolina plantation in 1725. 

The bill was sent to the South Carolina Senate, where it got quick treatment from the Senate Judiciary committee, and sent to the full Senate for a vote in late March. 

So far, this is a great story. Young child, interested in fossils and history, trying to honor the fossil for her state. The bill to make this happens sails through the state House, and quickly moves through initial review in the Senate.

But this is South Carolina, and here comes that whoopee cushion.

On 25 March 2014, while HB 4482 was under discussion in the Senate, Kevin L. Bryant (R-District 3) sought to amend the bill to acknowledge Genesis 1:24-25, which describes the sixth day of creation, to recognize that some “god” was responsible for creating the Animal Kingdom. It was reported that Bryant explained on his website, “I attempted to recognize the creator.” Bryant’s amendment was ruled out of order based on parliamentary rules.

So did Bryant give up? Not when you have a whoopee cushion to make a great sound. So he doubled-down on his effort, and he sought to amend the bill to add “as created on the Sixth Day with the other beasts of the field” after each instance of “mammoth.” This amended bill passed the South Carolina Senate by a vote of 35-0 (so that means progressive Democrats voted for it), and was sent back to the Senate, where they could change the Senate wording.

There you go. The South Carolina whoopee cushion just let out the best flatulence sound ever

Note. for those of you who actually accept science as the most accurate description of the age of the planet and evolution of organisms. The earth is 4.5 billion years old, and we have no evidence that it was created by anything other than the accretion of material from the early Solar System. Life on Earth arose 3.7 billion years and is described by the theory of abiogenesis, that is that life arose from organic compounds. The Columbian mammoth appears to evolved in North America around 126,000 years ago, dying out at the end of the last ice age, around 10,000 years ago. There are some unreliable information about Columbian mammoth remains dating to around 7600 years ago. In other words, the mammoth died out before it was even created in Christian religious myths.

A second note. See, no vaccines. Or Chili’s. But if Chili’s is making chili with vaccinated mammoth meat, I will certainly discuss it here. It would be an awesome story.

A third note. Because I was spending so much time on vaccines and Chili’s, I didn’t get to this article earlier. I’m like a week late, and on the internet that’s like 5 years late.

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One hour of research on Google–obviously all science is wrong

I’ve been told that I need to quit relying on the peer-reviewed journals for my scientific knowledge, because they are paid for by Big Government, Big Pharma, Big Agra, Big Hebrew and Big Whatever. They’re all just big with every single person involved dedicated to providing information to fool the people of earth. 

Science is obviously wrong about everything. Including unicorns. Obviously wrong about unicorns.

Science is obviously wrong about everything. Including unicorns. Obviously wrong about unicorns.

Apparently, the only acceptable type of research is doing it yourself using Google. Or in a pinch, Bing. 

Because I wanted to be more open-minded and to learn the Truth™ about everything. And here’s what I found.
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Religious Exemptions for Vaccination–Abuse and Reform

vaccines-religious-exemptionGuest blog by Dorit Rubinstein Reiss. Dr. Reiss is a Professor of Law at the University of California Hastings College of  the Law in San Francisco, CA. Dorit writes extensively in law journals about the social policies of vaccination. Originally published on 7 February 2014, pdated on 16 February 2014.

In November 2013, the New Mexico Department of Health published the results of a survey examining people getting an exemption from school immunization requirementsThe survey found that most people getting an exemption – 54.9% – explained their reasons to be “philosophical” or personal belief, including concerns about vaccine harms, a preference for natural immunity, and a belief they could protect their children in other ways. 

The problem is that New Mexico does not offer a personal belief exemption. It offers a religious exemption and a medical only. In other words, these people got their vaccine exemption using an exemption that did not reflect their real reasons.

Our host, the Skeptical Raptor, invited me to describe an article I wrote on this that is forthcoming in the Hastings Law Journal. The article argues that:

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Poll: Vaccine Exemptions

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Americans are ignorant fools about evolution–Part 2

We have fossils. Evolution wins.One of the more crazy anti-science groups are the evolution deniers, sometimes called “creationists.” The body of science that constitutes evidence for evolution is literally mountainous, making up over a million peer-reviewed studies and books that explain what we have observed in current living organisms and the fossil record. Based on this nearly irrefutable evidence, over 99.9% of scientists in the natural sciences (geology, biology, physics, chemistry and many others) accept that evolution is a scientific fact (pdf, see page 8). If science was a democracy, evolution would win in a landslide of epic proportions.

The scientific theory of evolution simply states that there is a change in inherited characteristics of a biological population, over time and generations, through the process of natural selection or genetic drift. Setting aside the misunderstanding, by intention or ignorance, by creationists about what constitutes a scientific theory, evolution is a scientific fact, about as solid as the fact that the earth revolves around the sun or that gravity causes objects to fall to the earth.

There is no genuine scientific debate about evolution, although there is continuing discussion about all of the possible mechanisms that drive evolution beyond natural selection and genetic drift. These discussions are based on the observations and evidence that evolution lead to the diversity of organisms we see today, arising from a common ancestor from about 3.8 billion years ago.

Despite the ongoing scientific discussion regarding other mechanisms for evolution (which are all scientifically based, and none that include magical actions of mythical supernatural beings), the matter of evolution is settled. There are no disputes, among scientists, about the fact that evolution commenced when the first living organisms appeared over 3.8 billion years. None. Other than literature published in self-serving creationist journals, it is impossible to find a peer-reviewed article that disputes the fact of evolution published in any real scientific journal over the past 25 years, if not past 50 years.

Despite the scientific facts, American politicians, almost exclusively conservative Republicans, continue to push legislation to force public school districts to teach creationism. Though this legislation is rarely successful, Louisiana and Tennessee have recently passed antievolution bills. The right wing politicians, mostly in southern US states, are convinced that evolution and creationism are equivalent, and they conflate a ridiculous political and social argument with a scientific debate. 
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What religions actually state about vaccines

©New York Times, 2010.

©New York Times, 2010.

Yesterday, I wrote an article about a father who is suing the New York Department of Education to force a school to allow his unvaccinated son into school. The basis of his lawsuit is that vaccination is against his religious beliefs. He is a Roman Catholic, and as far as I could find, the Catholic Church strongly supports vaccination, even making it a moral and ethical issue by clearly stating that “there would seem to be no proper grounds for refusing immunization against dangerous contagious diseases…” In other words, not only is the Catholic Church not opposed to vaccination, it seems to indicate that it would immoral to not vaccinate.

In a comment on Facebook to my blog post, someone pointed me to a fascinating systematic review of the dogma of several religions with respect to vaccines and specific components of vaccines. The article was published in the highly respected and peer-reviewed medical journal, Vaccine, one of the top journals for vaccine research. The piece was penned by John D Grabenstein, a religious expert on vaccines who happens to be employed by Merck, a major manufacturer of vaccines. I don’t usually point out these potential conflicts of interest, because I firmly reject the Big Pharma Shill Gambit, which is a form of poisoning the well, that is discrediting someone by making a nefarious link between a researcher and a pharmaceutical company. Moreover, Grabenstein’s article is a review about religious beliefs, peer reviewed by others, and not making some claims that vaccines stop cancer. Of course, Gardasil, made by Merck, does stop cancer, but that has nothing to do with Grabenstein or this article.*
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Father sues New York to obtain religious vaccination exemption for son

vax-jesus-doctorAccording to the New York Daily News, a Staten Island father has sued the City and State of New York to block his four year old son from being tossed out of school because their parents refuse to vaccinate him:

A Staten Island father is suing the city and the state after his 4-year-old son was booted from pre-K class because of the parents’ objection to vaccines.

The father, identified only as P.R. in the lawsuit over the contentious issue, is a Catholic who had sought a religious exemption to the state law requiring that every child attending a public, private or parochial school must be immunized from 11 communicable diseases.

His son was removed from his public school classroom on Dec. 23 after city Department of Education officials rejected the father’s appeal of an earlier decision. The city concluded the paperwork he submitted “does not substantiate … that you hold genuine and sincere religious beliefs which are contrary to immunization,” according to the suit.

Last month, the city added a requirement that children under 5 who attend preschool or day care must get flu shots.

The boys’ parents filed an affidavit Monday stating they believe that “immunization demonstrates a great lack of faith in the gift of health and the promise of protection that we are given at birth and through baptism we put our child in the hands of the Lord … God wants us to put our faith for disease prevention in him exclusively.
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Americans are ignorant fools about evolution

JudithHayes

For New Year’s Day, I’m republishing the top 10 articles I wrote in 2013. Well, actually top 9, plus 1 from 2012 that just keeps going.

#5. This article was published on 31 July 2013, and has had nearly 12000 views. My “career” in skepticism actually started with debunking evolution deniers, so I always enjoy pointing out the logical fallacies, lies, pseudoscience, and general craziness of the anti-evolution world.

There is just nothing more frustrating than evolution deniers, sometimes called “creationists.” The body of work that constitutes evidence for evolution is literally mountainous, making up over a million peer-reviewed studies and books that explain what we have observed in current living organisms and the fossil record.  In addition, over 99.9% of scientists in the natural sciences (geology, biology, physics, chemistry and many others) accept that evolution is a scientific fact (pdf, see page 8). If science worked as a democracy, it would be a landslide vote in favor of evolution. 

The scientific theory of evolution is simply the change in inherited characteristics of a biological population over time and generations through the process of natural selection or genetic drift. Setting aside the misunderstanding, by intention or ignorance, by creationists about what constitutes a scientific theory, evolution is a scientific fact, about as solid as the fact that the earth revolves around the sun.

There is no scientific debate about evolution, although there is continuing discussion about all of the possible mechanisms that drive evolution beyond natural selection and genetic drift. These discussions are based on the observations and evidence that evolution lead to the diversity of organisms we see today, arising from a common ancestor from about 3.8 billion years ago.

Despite the ongoing debate regarding other mechanisms for evolution (which are all scientifically based, and none that include magical actions of mythical supernatural beings), the matter of evolution is settled. There are no disputes about the fact that evolution happened over 3.8 billion years amongst scientists. None. Other than literature published in self-serving creationist journals, it is impossible to find a peer-reviewed article that disputes the fact of evolution published in a real scientific journal over the past 25 years, if not past 50 years.

Despite the scientific facts, American politicians, almost exclusively conservative Republicans, continue to push legislation to force public school districts to teach creationism. Though rarely successful, Louisiana and Tennessee have recently passed antievolution bills. These right wing politicians are convinced that evolution and creationism are equivalent, and they conflate a ridiculous political and social argument with a scientific one. 
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Court decides parent’s refusal to vaccinate kids is not “free exercise of religion”

©friendlyatheist.com, 2012

©friendlyatheist.com, 2012

For New Year’s Day, I’m republishing the top 10 articles I wrote in 2013. Well, actually top 9, plus 1 from 2012 that just keeps going.

#9. This article was published on 13 May 2013, and has had over 5000 views. A Federal court decided that refusing to vaccinate one’s children is not a constitutionally protected right covered by the First Amendment. 

The US District Court for the Northern District of Ohio has ruled (pdf) that a parent’s refusal to vaccinate her children against diseases is not a “free exercise” of religion, and is tantamount to neglect.

 

In April 2010,  the Tuscarawas County (Ohio) Jobs and Family Services (TCJFS) took custody of the children of Charity and Brock Schenker as a result of a domestic violence matter between the parents. TCJFS determined that the children were “neglected and dependent” and worked out case plans for the parents which included psychiatric evaluations, drug testing and supervised visitation of their children. When TCJFS asked about the children’s immunizations, according to Secular News Daily, “Mrs. Schenker claimed she had religious objections to immunizations. The court informed her that the immunizations would be ordered.”

As a result of recommendations of court-ordered psychiatric evaluations and positive random drug tests, Mrs. Schenker (who subsequently divorced her husband) visitations were terminated, and TCJFS filed a motion for permanent custody of her children in August 2011. According to the Secular News Daily, “the county laid out as evidence a number of instances in which Schenker did not comply with orders, refused home inspections, and more. But Schenker sued with eight claims, including conspiracy claims and, most significantly, claims that her First Amendment right to free expression of religion was violated.”
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Vaccine exemptions contribute to outbreaks of preventable diseases

vaccines-religious-exemptionOnce again, a new study is published in a peer reviewed journal that shows that exemptions to proper and recommended levels of vaccination for children before entering public school are harming the general population. I’ve talked about the issue of exemptions causing outbreaks or epidemics previously in New York, Washington, and other places

Over the past few years, there have been several outbreaks of whooping cough (Bordetella pertussis), including one that reached over 9000 individuals in California in 2010, considered one of the worst pertussis outbreaks in the USA during the past several decades

The original DTP vaccine (diphtheriatetanus and pertussis) became available in the USA in 1948 and was critical to dropping the number of cases of whooping cough from 260,000  in 1934 to less than a few thousand per year in the 1990′s. The Advisory Committee on Immunization Practices (ACIP) recommends (pdf) that children should get 5 doses of DTaP (the replacement for the original DTP vaccine), one dose at each of the following ages: 2, 4, 6, and 15-18 months and 4-6 years. Those children who are not completely vaccinated according to these ACIP recommendations for pertussis are considered to be “undervaccinated.” 

Whooping cough is a serious disease that has significant complications for children:

  • 1 in 4 (23%) get pneumonia (lung infection)
  • 1 or 2 in 100 (1.6%) will have convulsions (violent, uncontrolled shaking)
  • Two thirds (67%) will have apnea (slowed or stopped breathing)
  • 1 in 300 (0.4%) will have encephalopathy (disease of the brain)
  • 1 or 2 in 100 (1.6%) will die. In 2012, pertussis killed 18 infants in the USA.

Even in adults, there are substantial complications from whooping cough, such as broken ribs from coughing, that can have a significant impact on the overall health.
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Science is not based on absolutes–Richard Dawkins proves that

dawkins-bus-advertOne of the tropes of pseudoscience pushers is that science is too fungible, that is, scientists can change their mind or, horrors of horrors, refuse to make an absolute “this is the TRUTH™” statement. There are numerous articles, published in peer-reviewed, high impact factor journals, that state “more research should be done to confirm these results.” The anti-science crowd uses these comments as “evidence” that science isn’t sure about something.

Black/white absolute truth doesn’t exist in real science. Many people state that science “seeks truth,” and it does, if we do not ascribe moral qualities to the word “truth.” Actually, science seeks evidence to support or refute a hypothesis (or some other scientific principle like a theory). It’s all about the evidence (and the quality thereof), not about proving that it’s either this or that.

Part of the problem, amongst both “pro-science” and anti-science types is that they both think that science is some magical word to either be loved or despised depending on the answer it provides. But science is, in reality, a coherent method to find an answer to a question about the natural universe, but it is not itself the answer. Science is a systematic and logical process, using the scientific method, that finds and builds data, and eventually knowledge, into testable explanations and predictions about the natural universe. it is not a magical word that implies truth, but it is a rigorous process to separate meaningless information from high quality evidence in support or refutation of an explanation of the natural world. 

Oftentimes, someone will report that “scientists believe that birds are living dinosaurs” or “scientists believe humans cause global warming.” To the lay audience that sounds like a bunch of men and women, sitting in an apartment with a keg of beer, a dartboard, and inventing some new theory. OK, in my experience, we have often sat around with a keg of beer and a dartboard, but we were discussing 10 years of research and how to sum it up clearly. Or wondering if a new set of results adds to the data or may actually move us in a different direction. But all of it was based on many years of hard work (including education, bench and field research, withering criticisms from peers and mentors, and countless nights of worrying if an experiment would fail because the power went off), not just making a random guess.

Moreover, even after hard work, publications, and critiques, science is filled with doubt. New evidence, as long as it is as strong as the evidence that supported a previously held explanation, can create new explanations and predictions. The whole scientific process is based upon criticism, open-mindedness and accumulation of new data. It’s not based on “ok, we’re done, we’ve answered all of the questions.” Science evolves over times, because it simply isn’t dogmatic.
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Federal Court says NO to a religious exemption to vaccination

circle-of-lifeDina Check, a practicing Roman Catholic who vehemently opposes immunization, sought a temporary injunction in February 2013 to  allow her daughter to return to PS 35, a New York City school in Sunnyside, Staten Island. The first-grader was barred from coming to school by the school’s and district’s administrators in February for failure to be vaccinated. She believed her religion states that the body is a temple, and contends injecting vaccines into it “would defile God’s creation of the immune system … [and] demonstrate a lack of faith in God, which would anger God and therefore be sacrilegious.”

Setting aside this ridiculous belief, since natural selection was the mechanism that caused the evolution of the immune system in all animals, the Catholic Church specifically and clearly supports the use of vaccines, even those that are manufactured with fetal cell lines. Once again, another vaccine denier, one who has no clue on how vaccines work and how they help make the immune system be prepared for deadly pathogens, decided to invent her own theology to avoid having her child protected against deadly diseases.
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New Mexico removes fake religious objections from vaccine exemptions

As I discussed previously, the pendulum is swinging against the so-called “philosophical exemption” against vaccination, which allows parents to not vaccinate their children based on the “just because I don’t want to” principle. They don’t even have to support their exemption with a discussion with a healthcare worker who might explain the risks of their decision.

According to an article in the Las Cruces Sun-News, New Mexico state law says that residents can exempt their children from immunization for two reasons: 1) medical issues that might make the vaccination unsafe (often called medical exemptions) or 2) vaccinations conflict with the family’s religious beliefs (religious exemptions). Apparently, according to the article, “the New Mexico Department of Health wants to keep it that way.”
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Court says that fake religious vaccine exemptions are not protected by the First Amendment

In April, 2010, a Federal District Court in New York denied a mother’s bid for a religious exemption to New York state’s mandatory vaccination rules. According to the article in the New York Law Journal, “Martina Caviezel, a self-proclaimed pantheist, sought a preliminary injunction allowing her to enroll her 4-year-old daughter in a Great Neck, N.Y., pre-kindergarten without getting the shots the state says the child needs. Caviezel relied on Public Health Law §2164(9), which exempts children from the requirement whose parents or guardians “hold genuine and sincere religious beliefs which are contrary” to vaccination.”

Around September 2009, Caviezel submitted the New York exemption form to the school  requesting that her youngest child be exempt from the requirement that children be vaccinated against measles, mumps, rubella and other diseases. The school principal told her that her request would likely be denied. Caviezel  declined to meet with school superintendent to further discuss the exemption. She then sued after her request was denied, alleging civil rights violations.
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Updated: make religious vaccine exemptions more difficult to obtain

flu church vaccineA recent report indicated that US state legislatures are beginning to pass laws that make it more difficult for parents to obtain so-called personal exemptions to vaccinations before children attend public schools. According to the author, Tara Haelle, “Each US state sets its own vaccination policies, and most will not generally allow children to attend public school unless they have been vaccinated against diphtheria, tetanus and pertussis (whooping cough)hepatitis B; the Haemophilus influenzae bacteriummeasles, mumps and rubellapolio; and varicella (chicken pox).” In general, most states require that students meet the Centers for Disease Control and Prevention schedule (pdf) for children between 0 and 6 years old, which is set by the Advisory Committee on Immunization Practices.

All states allow legitimate medical exemptions from the immunization schedule before a child enters school, because of certain medical conditions that might make vaccinations problematic for young children. Some of these medical issues are: allergies to some of the components in the vaccines, immunocompromised conditions, family history of seizures, and other issues outlined in the General Recommendations on Immunization of the Advisory Committee on Immunization Practices. These medical exemptions are extremely rare, but are very important. A licensed medical doctor is the only one that should provide this exemption.
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Antievolution legislation update–Louisiana

creationist_wheel_of_misfortuneIn 2008, the Republican governor of Louisiana, Bobby Jindal, signed the Louisiana Science Education Act into law. The law contends that “the teaching of some scientific subjects, such as biological evolution, the chemical origins of life, global warming, and human cloning, can cause controversy, and that some teachers may be unsure of the expectations concerning how they should present information on such subjects.” The law gives permission to Louisiana’s teachers to “help students understand, analyze, critique, and review in an objective manner the scientific strengths and scientific weaknesses of existing scientific theories pertinent to the course being taught.” OK, I understand, we need a state legislature to mandate that more critical thinking is necessary for evolution and global warming; and we don’t need any more critical thinking in other areas of science (sarcasm intended).

Though the law sounds like it would help teaching of science in the state, it really was nothing more than an attempt to get creationism (along with global warming denialism) taught in Louisiana’s public schools. Creationism refers to the belief that the universe and everything in it were specially created by a god through magical , rather than natural, scientifically explained, means. Creationism implicitly relies on the claim that there is a “purpose” to all creation known only to the creator. In other words, creationism is a religious belief, and no matter what argument is made (and I could write 50,000 words on the topic), creationism is not science because it relies upon a supernatural being, which means it can never be falsified, one of the basic tenets of the scientific method. The supporters of creationism attempt to claim that creationism is a scientific theory on the level of evolution, ignoring the fact that a scientific theory is “a well-substantiated explanation of some aspect of the natural world, based on a body of facts that have been repeatedly confirmed through observation and experiment.” Creationism is generally based on a fictional book
(more…) «Antievolution legislation update–Louisiana»

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