COVID-19 religious gatherings – Supreme Court prevents NY from enforcing limits

COVID-19 religious gatherings

This article, about a recent Supreme Court decision that prevents New York from enforcing limits on religious gatherings during the COVID-19 pandemic, was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a 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. She is also a member of the Vaccines Working Group on Ethics and Policy.

On November 24, 2020, the Supreme Court ordered temporary relief preventing Governor Cuomo and New York officials from enforcing limits on gathering imposed on religious houses during the COVID-19 pandemic (Roman Catholic Diocese of Brooklyn, New York v. Andrew M. Cuomo). The decision, as the dissents pointed out, raises concerns about the ability of states to limit religious activities in the interest of protecting believers – and the broader public – from diseases. But the per curiam opinion makes relatively limited changes to our First Amendment jurisprudence, though it may signal that the court will, in the future, change it, and does not at present change the legal framework governing vaccine mandates. Continue reading “COVID-19 religious gatherings – Supreme Court prevents NY from enforcing limits”

US measles epidemic hits 1241 cases – get the MMR vaccine – UPDATED

The Centers for Disease Control and Prevention (CDC) and the Department of Health and Human Services have reported that the ongoing measles epidemic has, as of 19 September 2019, has resulted in 1241 cases in 31 states. This makes 2019 (which is around 9 months old) the worst year for measles since 1992, when there were 963 cases for all 12 months. 

At this rate, we can expect well over 1500 measles cases for 2019, making it the worst year since the major measles epidemics of the late 1980s. 

In 2000, the CDC had stated that measles was eradicated in the USA. But as a result of fears and misinformation about the MMR vaccine, which protects against measles, mumps, and rubella, vaccination rates have dropped allowing measles to again attack children. Continue reading “US measles epidemic hits 1241 cases – get the MMR vaccine – UPDATED”

New York ends vaccine religious exemptions – protecting us from measles

vaccine religious exemptions

Sometimes, there’s excellent news with the fight to end vaccine-preventable diseases. On 13 June 2019, Governor Andrew M. Cuomo (see Note 1) signed a bill whereby the state of New York ended vaccine religious exemptions.

As a result of this new law, New York joins California, Arizona, Mississippi (yes, Mississippi), West Virginia (ditto), and Maine as the only states that do not allow religious exemptions, that is, allowing parents to claim that their religious beliefs are not compatible with vaccinations.

Since there are no mainstream religions that are opposed to vaccines, I have always found that this type of exemption was bogus and an excuse for parents to formalize their pseudoscientific beliefs. This put children at risk of dangerous and deadly vaccine-preventable diseases.

For New York, the removal of the religious exemption is critical. The center of the current US measles epidemic, which has struck over 1000 individuals, seems to be in the ultra-orthodox Jewish population in the state who have abused the exemptions. This gave us an unvaccinated population, concentrated in a small area, that was susceptible to a highly contagious and dangerous disease.

vaccine religious exemptions
Protecting New York from diseases. Photo by Nik Shuliahin on Unsplash

Anti-vaccine nutjobs, like Jim Meehan and Del Bigtree, using disgusting tropes like claiming that mandatory vaccinations are like the Holocaust, have tried to fan the flames of the anti-vaccine dogma by making the religious exemptions to vaccination as some religious liberty issue.

Of course, the legislative process to get this bill passed was not easy. According to an article in the New York Times:

The tension over the issue was readily apparent in the Capitol on Thursday as hundreds of angry opponents — many with young children and infants — pleaded with lawmakers to reject the bill, sometimes invoking the will of God, other times their rights as parents. The show of raw emotion affected even supporters of the bill.

Assemblyman Michael Montesano, a Long Island Republican, framed the bill as “an attack on people’s First Amendment rights.” He added, “It’s still the individual parent, who is raising this child, that has the fundamental right to decide what happens with their child in all facets of their life.”

vaccine religious exemptions
Protecting New Yorkers. Photo by Joshua Newton on Unsplash

As the vote came to a head, emotions were high:

As the Assembly vote slowly came in, the speaker, Carl E. Heastie, was forced to come to the floor and count votes, calling recalcitrant members to coax the bill toward the 76-vote threshold needed for passage. Several prominent Democrats, including the chairman of the health committee, Richard N. Gottfried, bucked Assembly leadership and voted no. In the end, it narrowly passed, 77 to 53.

As soon the vote count was called, shouts of “shame” — and more colorful invective — erupted from the Assembly gallery, where opponents had gathered to watch the proceedings. Assemblyman Jeffrion L. Aubry attempted to restore order, but the screams continued; unable to stop the shouting, Mr. Aubry took the chamber into recess as furious opponents headed into Capitol hallways.

The only shame that I see are recalcitrant legislators not voting to protect the health of children.

vaccine religious exemptions
Syracuse University protected from diseases. Photo by Ryan Jacobson on Unsplash

Nevertheless, the pro-science, pro-children, pro-health side won. And Governor Cuomo signed it into law.

This is how we stop the measles epidemic and save the lives of innocent children. Vaccines save lives.  So thanks – New York eliminates vaccine religious exemptions!

Notes

  1. When I was in graduate school, studying real biomedical science as opposed to anti-vaccine pseudoscience, I was a canvasser for Governor Cuomo’s father, Mario Cuomo who was subsequently elected governor of New York. Thus, I was 0.000047% responsible for this bill. You can thank me by buying me a beer.