This article examines a recent Maine Supreme Judicial Court ruling on parental rights and vaccines – they upheld a decision to vaccinate a child in the custody of the state over a mother’s objections. This post explains the decision, explains why the lone dissenting judge was wrong, and reminds the reader that this decision is consistent with the majority of states deciding the issue – for good reasons.
On 21 November 2016, a new lawsuit attacking SB277, the state’s statute removing the personal belief exemption from immunization requirements, was filed with a federal district court in Riverside (Central District of California, Eastern Division), assigned to Judge Dolly M. Dee. The complaint, like previous lawsuits, faces serious hurdles.
This article is by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), 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 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.
On September 23, 2015, Lauren Stephens filed a “Parental Rights and Responsibilities” initiative with the California Attorney General. This initiative provides a chance to reflect on the tension between parental rights, the rights of a child and the role of the state.
Who is Lauren Stephens? She is involved in the attempt to get a referendum on the ballot regarding SB 277, the bill removing personal belief exemptions to school immunization requirements, sometimes referred to as a vaccination mandate, in California, along with being associated with efforts to recall several representatives who supported the bill, including Senator Richard Pan,
This article proceeds in three parts. First, it sets out the general framework of parental rights and a child’s rights. Second, it explains the initiative – and how it applies, or more probably doesn’t, to the authors’ target, vaccination mandates in SB 277. Third, it explains why the initiative, and similar statutes, are a problematic idea and the potential harm to children from those. Continue reading “Parental and children’s rights – vaccination mandates”
This article uses the very recent decision of the Supreme Court of Oregon in Department of Human Services v. S.M. (pdf) to discuss a specific question: if parents lose custody of their children, can they still refuse immunizations? The Oregon Supreme Court joins others in saying that the answer is no. As discussed, this is the right result.
Loss of custody and immunization is a key issue of parental rights on several levels. Let’s discuss the case in Oregon in detail