Index of articles by Prof. Dorit Rubinstein Reiss

Professor Dorit Rubinstein Reiss

Editor’s note – this index of articles by Dorit Rubinstein Reiss has been updated and published here. The comments here are closed, and you can comment at the new article. 

 

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 (generally, but sometimes moving to other areas of medicine), social policy and the law. Her articles usually unwind the complexities of legal issues with vaccinations and legal policies, such as mandatory vaccination and exemptions, with facts and citations. I know a lot of writers out there will link to one of her articles here as a sort of primary source to tear down a bogus antivaccine message.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination–she really is a well-published expert in this area of vaccine policy, and doesn’t stand on the pulpit with a veneer of Argument from Authority, but is actually an authority. 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.

Below is a list of articles that Dorit Rubinstein Reiss has written for this blog, organized into some arbitrary and somewhat broad categories for easy reference. Of course, she has written articles about vaccines and legal issues in other locations, which I intend to link here at a later date. This article will be updated as new articles from Dorit are added here.

Continue reading “Index of articles by Prof. Dorit Rubinstein Reiss”

Poll: should vaccinations for healthcare workers be mandatory

Dorit Reiss just graciously published a couple of articles for the Skeptical Raptor discussing some of the legal issues surrounding whether hospitals can make vaccinations mandatory for healthcare workers. I’d like to know what you think.

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. Continue reading “Father sues New York to obtain religious vaccination exemption for son”

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.” Continue reading “Court decides parent’s refusal to vaccinate kids is not “free exercise of religion””

Religious exemptions to vaccines elevates whooping cough rates

 

©Centers for Disease Control and Prevention, 2012
©Centers for Disease Control and Prevention, 2012

According to a new study published in Pediatrics, the number of New York state parents who skipped at least one required vaccine for religious reasons has increased over the past decade. And New York counties that had this increase in religious exemptions to vaccinations also had more  whooping cough (Bordetella pertussis, or simply pertussis) cases, even among children that had been fully vaccinated.

For this study, the researchers tracked data from the New York State Department of Health on both religious exemptions and new whooping cough cases. Children were reported as having a religious exemption if they had been allowed to skip at least one required vaccine for non-medical reasons. 

The key results from the study were:

  • The overall state annual mean rate of religious exemptions increased significantly from 0.23 % in 2000 to 0.45% in 2011, almost doubling the rate over the decade.
  • The prevalence of religious exemptions varied greatly among counties with no obvious trends, although all of the counties around New York City showed large increases in religious exemptions.
  • Counties with mean religious exemption rates of >1% reported a higher incidence of pertussis. For counties with higher exemption rates, the rate of pertussis was 33 per 100,000 compared to counties with lower exemption rates, which had a pertussis infection rate of 20 per 100,000. The researchers determined that this difference was statistically significant.
  • In addition, the risk of pertussis among vaccinated children living in counties with high exemption rate increased with increase of exemption rate among exempted children, also statistically significant.

The increase in whooping cough rates is particularly troubling since unvaccinated children not only put themselves at risk, but also those who have been vaccinated (as result of the lower effectiveness of the currently available pertussis vaccine). Also, as the exemption rate increases and there is a lower than expected effectiveness of the vaccine, the herd immunity becomes weaker. Continue reading “Religious exemptions to vaccines elevates whooping cough rates”

Good news for science education in Alabama

Earlier this year, the Republican dominated Alabama legislature tried to enact a bill, House Bill 133, that would have established a scheme to allow high school credit for creationism. HB 133 would have authorized  “local boards of education to include released time religious instruction as an elective course for high school students.” The purpose of the bill was to teach creation “science” as equivalent to evolution. The bill died in the legislature, since it did not come to a floor vote before the legislature adjourned on May 16, 2012. Continue reading “Good news for science education in Alabama”

Creationism legislation–Tennessee ACLU update

As we discussed previously, Tennessee is doing all it can to violate the Establishment Clause of the US Constitution by pushing an anti-science legislation onto the public school students of the state.  They want teachers to allow discussion of the non-existent “scientific controversy” regarding the origin of life, evolution and climate change.  The only controversy is in the deluded brains of Republican legislators pushing the religious agenda of the fundamentalist Christians.   Continue reading “Creationism legislation–Tennessee ACLU update”

Creationism legislation—Tennessee Monkey Bill (update 3)

There’s been a lot of press and internet complaints about the new Tennessee anti-evolution bill that recently passed the Tennessee Senate, and passed last year in the House.  Essentially the bill encourages teachers to present the “scientific strengths and scientific weaknesses” of “controversial” topics such as “biological evolution, the chemical origins of life, global warming, and human cloning.”  And I can’t say this enough, what scientific weaknesses?  The only debate that makes sense would one on the ethics of human cloning, but then again, it could be a code word for anything from stem-cell research to in vitro fertilization.

Continue reading “Creationism legislation—Tennessee Monkey Bill (update 3)”

Alabama and Mississippi think Obama is a Muslim and evolution is wrong

Obama receiving an Alabama jersey after honoring Alabama for the 2011 NCAA Division 1 football championship. Of course, it was followed by a Muslim prayer.

I’ve always considered the Deep South, which includes Alabama and Mississippi, to be a part of the country way out of step with the real world, including the rest of the country.  Without the South, the United States would basically be a liberal, religiously tolerant, progressive country, similar in a lot of respects to Canada.  Both Alabama and Mississippi are relatively poor with educational systems that rank at or near the bottom of the US.  Other than college football champion, it’s hard to see that their educational system has done much positive. Continue reading “Alabama and Mississippi think Obama is a Muslim and evolution is wrong”