Guest guest Posted December 9, 2008 Report Share Posted December 9, 2008 from another list, sharing here in case this could help anyone. Hi, folks, Regarding religious exemptions, you have to review your state's statutes *and* regulations for starters, to get proper procedure for exercising a religious exemption in *your* state. Please note that many states have forms and don't require that you draft anything--but you may not find that out if you don't read the relevant regulations as well as the statutes (e.g., one state requires membership in an organized religion by statute, but the state health dept. designed a form that doesn't require applicants to state that, apparently aligning with non-binding federal legal precedent). Regarding those that do require you to write a statement of beliefs in opposition to the immunization requirements, what qualifies (or not) is determined by a combination of state statutes/regulations and federal legal precedent setting out rights under the First Amendment, and in a few states, there is applicable state precedent as well. So, one's geographical location and the specific circumstances determine what one's rights are. Since this can be complicated (especially when adding the question of how to best deal with local authorities), many people would benefit from a consultation with a knowledgeable attorney, as with any other important legal matter that's important to get right the first time. Beware of vaccine websites and books offering advice on this. Respectfully, virtually all anti-vaccine sites I've reviewed have a combination of accurate and misleading, if not outright inaccurate, information on vaccine exemption rights and procedure (sometimes appearing to mistake what they think our rights *should* be with what the actually *are*). The authors of this well-intended but often erroneous information just don't understand the law on this topic. I've seen this even from otherwise highly reputable people/sites (e.g. some with medical credentials) who have great information on health concerns associated with vaccines--but they just don't understand the legal side of it. My site, www.vaccinerights.com, has lots of free information from a licensed attorney who has studied the law on this topic for years (me) and worked with dozens of clients (including attorneys) around the country. It's the only site on the net dedicated to vaccine exemptions, and the only site with detailed, reliable information from someone with formal legal training who has researched the law on this for some years now. There are only 2 reliable sources I'm aware of for information that will enable lay people to really understand how the law works with religious exemptions--the NSF e-book on the topic (Natural Solutions Foundation's specialized version of my original e-book), or a consultation with one of the 2 or 3 attorneys in private practice in the US who include regularly vaccine exemption cases in their practices. Regretfully, there is no other written source of authoritative (i.e., accurate and reliable) information other than the e-books that I'm aware of; the other 2 attorneys are in NY, but regretfully, I can only recommend one as the other has received numerous complaints. See the NVIC website for referrals www.nvic.org. Yes, I'm blowing my own horn here...but for the benefit of all concerned, not just myself. If it helps, I went to law school out of my concern for vaccine issues; frankly, vaccine exemptions is not a money-maker (I wouldn't touch it if my goal were to maximize my income, which is why there's virtually no one else out there doing it, either), I don this because I'm committed to the cause. I do hope to turn my work in this area into a viable business if possible, though. This issue is important enough to spend some time, and some money if necessary, getting it right the first time. People have unnecessarily lost the exemption because of misunderstanding their rights, so I highly recommend that anyone concerned with vaccine religious exemptions take steps to understand how their rights work, and what the boundaries of those rights are. For example, in most states, the legal boundaries of those rights are not clearly defined, so it is important to understand why, and how to deal with that legal reality before stepping out and risking inadvertently undermining your exemption rights. I try to monitor this [no-forced-vaccination] list, but don't see all posts. So, feel free to email me directly with religious exemption questions--and be sure to see www.vaccinerights.com, as there's lots of good (and reliable) information there. Thanks, Alan , Esq. P.O. Box 3473 Chapel Hill, NC 27515-3473 attorney{AT}vaccinerights.com www.vaccinerights.com Quote Link to comment Share on other sites More sharing options...
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