Can religious exemptions outweigh the COVID-19 vaccine obligations? Well, it depends

The longer the COVID-19 gets, the more the United States seems to hold its expectations development of And Rapid, large volume distribution of vaccine..

Delivering safe and effective vaccines Could be a game changer, Health experts believe. However, it will stop the spread of the virus only if a sufficient number of people choose (or need) to be vaccinated.

But some people say thatPatriotic duty“In order to be vaccinated, others do not.

Opponents may challenge vaccination requirements based on Religious Freedom Claim Or under certain Allowed laws Religious exemption from COVID-19 Vaccine Directive. Some states, including Indiana and Massachusetts, have laws that allow parents to cite religious reasons for opting out of childhood vaccination requirements.

As a public health lawyer and ethicist, Studied problem Relating To vaccination policy, I am often asked about the role of the Vaccine Directive in responding to COVID-19. My answer is a general lawyer’s answer: “It depends”, this question raises many questions of its own.

Is it “safe and effective”?

The adequacy of the Vaccine Directive depends on how safe the vaccine is, what it protects against, and how well it can be delivered. of Stephen Hahn, Commissioner of the Food and Drug Administration The authorities said they would “keep up” in their vaccine review process, and that decisionBased on science and dataAny other proposal would undermine public trust.

But there was already a public hesitation about the vaccine One of the biggest public health concerns worldwide COVID-19 Even before the pandemic.

Added to this are vaccine misinformation and plots Flourished during the epidemic..

These may explain why 35% of Americans say They don’t get a vaccine. If COVID-related illnesses, injuries, and disruptions to our lives continue to plague us and the vaccine becomes readily available, it is unclear how many people in this camp will retain that opinion. ..

And while we don’t know much about COVID-19 immunity, we still don’t know what proportion of the population the community needs to be vaccinated. To achieve herd immunity Stop the spread of the virus. Reject vaccination but may not require delegation Tend to get together, Leaving a potential pocket of ongoing vulnerability.

“If / Then” obligation

Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, said,Pretty surprised“If vaccination is required in any part of the population.

But other experts Required as part of the “if / then” proposition – In other words, someone can do something only if someone was first vaccinated. For example, you may need proof of vaccination to perform certain jobs, such as prison staff or line workers in a meat processing plant. Some companies, such as nursing homes and hospitals, may need to vaccinate people who work in certain high-risk populations.

It may also be required to access certain spaces, such as schools or sporting events, or to take advantage of certain benefits, such as the freedom to travel to other states without isolation. These types of rules already exist, for example, in many universities that require students to live in dormitories Get vaccinated for meningitis..

Another approach is to require vaccines for certain populations based on their risk profile, such as those living in nursing homes.

Under these scenarios, does religious or personal exemption take precedence over any obligation? It depends on who issues the power of attorney.

Recent guidance from US Equal Employment Opportunity Commission Based on “religious beliefs, practices, or adherences made in good faith,” it is suggested that a claim exempt from a user’s obligation to vaccinate against influenza is protected under title VII of the Civil Rights Act of 1964 I am. The guidance does not explicitly state that the same rules apply to COVID-19 as there is no COVID-19 vaccine at this time, but the Commission said, “Employers simply encourage employees to employees. It seems obvious that we want to encourage you to “think things”.

Nevertheless, there are provisions in the law that allow companies to not respect this exemption in the event of “excessive hardship”. Employers should be used in nursing homes where employees regularly interact with vulnerable people. Perhaps we can discuss “too much difficulty” Prevent exemptions. However, people working in a typical office environment, or service industry, You could probably make a religious claim to opt out..

Vaccine directives issued by the state are a bit complicated. Created by many states A law that protects religious rights beyond the first revision.. For example, in Florida and Texas, prevent children from being vaccinated for school because their parents are deeply detained. Religious belief Or Philosophical The opposite.

21 states There are religious freedom laws that prohibit even minimal interference with the right of residents to practice their faith. In states with these laws, parliament May need to amend legislation To avoid challenges and allow universal vaccination obligations for adults.

Exemption from these religious beliefs is a political choice. There is no constitutional or ethical obligation to require opt-out of a key vaccine to prevent a pandemic if the state wants to prioritize vaccination and protect the population from COVID-19.

Even during this outbreak, most courts, including the Supreme Court, Hesitated to interfere Along with decisions by state authorities taking steps to keep communities safe from dangerous outbreaks. These are emergencies, as Secretary of Justice Roberts recently stated.Full of medical and scientific uncertaintyInstant management of such situations is best left to elected officials who are directly responsible to the public.

“There is no freedom to expose the community”

The requirement to vaccinate someone puts a greater burden on individual liberty, for example, than having to actually attend church, rather than actually attending church. However, Supreme Court said in 1941“The right to practice religion freely does not include the freedom to expose the community to infectious diseases.” Justice Antonin Skalia, Talk in court about 50 years later, Reaching similar conclusions, laws promoting civil obligations such as vaccination could invalidate religious freedom claims.

In any case, as Dr. Forch alluded to: the delegation story may be groundless. Almost Two thirds of Americans He said he would get a vaccine if available today. Safe and effective vaccine Once developed, there will be tremendous demand to get a shot.

But if states or companies feel they need vaccination to bring about the end of the pandemic, I think the courts will help them in these protective efforts.

This article is reissued from conversation Under Creative Commons license. Read Original work..