NEW YORK (AP) — A federal judge has upheld a New York City policy that bars unvaccinated students from public school when another student has a vaccine-preventable disease.
Judge William Kuntz II ruled against three families who claimed their right to religious freedom was violated when their children were kept from school due to the city’s immunization policies.
In his ruling, the judge citing a 109-year-old Supreme Court ruling that gives states broad power in public health matters.
The judge said “religious objectors are not constitutionally exempt from vaccinations.”
The New York Times reports the lawyer for the plaintiffs plans to appeal. Attorney Patricia Finn said last week she asked the Brooklyn court to rehear the case.