Re: Illinois exemptions

[Guest guest]

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www.nutritiousanddeliciousfoods.blogspot.com--- On Mon, 8/16/10, Sheri Nakken <vaccinedangers@...> wrote:

From: Sheri Nakken <vaccinedangers@...>Subject: Re: Illinois exemptionsno-forced-vaccination Date: Monday, August 16, 2010, 3:46 PM

At 11:00 AM 8/15/2010, you wrote:

My son is in a Catholic school. Until recently, they've stayed out of the immunization debate. This school year we are told we need an exemption signed by a doctor. We rarely see a physician-5 years since last visit. Physician's in the past have strongly disagreed with my choice not to vaccinate and we've ridden by on a religious exemption. My understanding is that parochial schools can do whatever they want. The law is the law no matter what-right?If they accept any public money at all, including milk-funding, they have to go by the state law and the religious exemption in Illinois is a bith complicated but there are those who can help - but will be challenging in a catholic school. Maybe you can educate them about aborted fetal tissue used in vaccinesSheri

Sheri Nakken, R.N., MA, Hahnemannian Homeopath Vaccination Information & Choice Network, Washington State, USAVaccines - http://vaccinationdangers.wordpress.com/ Homeopathy http://homeopathycures.wordpress.comVaccine Dangers, Childhood Disease Classes & Homeopathy Online/email courses - next classes start September 2010

[Guest guest]

In general: Whether or not private schools have to honor religious exemptions

depends on the specific wording of the state law, and varies from state to

state. Assuming you're in a state where the exemption applies to private schools

generally, it would apply to Catholic schools despite Catholicism not having

tenets opposed to immunizations unless state law requires membership in such a

church to get the exemption (most don't). Federal legal precedent supports

religious exemptions whether or not you are members of an organized religion,

and regardless of which religion you belong to if you do. However, the

application of that precedent depends on where you live--for most of the

country, it is " persuasive " precedent, which means it would serve as a strong

legal argument in court, but it is not present law for the state. In the

jurisdiction in which the precedent was issued (NY), it is " binding precedent "

that courts generally have to follow. Having said that, though, most states have

been following the NY federal district court precedent on this point.

If state law doesn't require private schools to allow religious exemptions, the

exemption may apply anyway if the private school in question has ties to

government--e.g., if it accepts state or federal funding. This has to do with

the fact that the Constitution applies only to governments, and not to private

entities--unless the private entity has a sufficient tie to government to

trigger the application of the Constitution. So, where a private school has

sufficient ties to government, the First Amendment may apply (includes the " free

exercise " of religion clause), which would mean that residents have federal

Constitutional support for the exercise of a vaccine religious exemption even

though the school is private and the state law does not otherwise require

private schools to accept the exemption.

All of this may be moot if the school in question doesn't understand all of

this, so it can be helpful, or even necessary at times, to have an attorney

write a letter on your behalf setting out the legal precedent--this " puts the

ball in their court " , which is something non-attorneys, unfortunately, are

seldom able to do on their own when the school has a different opinion. Even

then, private schools sometimes stand their ground, and force parents to either

change schools or go to court, but every situation is different.

More detail on this and other critical facts about exemption rights are

explained in detail in my e-book, The Authoritative Guide to Vaccine Legal

Exemptions, available at www.vaccinerights.com.

Alan , JD www.vaccinerights.com, www.pandemicresponseproject.com

>

> My son is in a Catholic school. Until recently, they've stayed out of the

immunization debate. This school year we are told we need an exemption signed

by a doctor. We rarely see a physician-5 years since last visit. Physician's

in the past have strongly disagreed with my choice not to vaccinate and we've

ridden by on a religious exemption. My understanding is that parochial schools

can do whatever they want. The law is the law no matter what-right?

>

[Guest guest]

At 11:00 AM 8/15/2010, you wrote:

My son is in a Catholic school. Until recently, they've stayed out of the

immunization debate. This school year we are told we need an exemption

signed by a doctor. We rarely see a physician-5 years since last visit.

Physician's in the past have strongly disagreed with my choice not to

vaccinate and we've ridden by on a religious exemption. My understanding

is that parochial schools can do whatever they want. The law is the law

no matter what-right?

If they accept any public money at all, including milk-funding, they have

to go by the state law and the religious exemption in Illinois is a bith

complicated but there are those who can help - but will be challenging in

a catholic school. Maybe you can educate them about aborted fetal

tissue used in vaccines

Sheri

Sheri Nakken, R.N., MA, Hahnemannian

Homeopath

Vaccination Information & Choice Network, Washington State, USA

Vaccines -

http://vaccinationdangers.wordpress.com/ Homeopathy

http://homeopathycures.wordpress.com

Vaccine Dangers, Childhood Disease Classes & Homeopathy

Online/email courses - next classes start September 2010