Journal
JOURNAL OF LAW MEDICINE & ETHICS
Volume 49, Issue 4, Pages 552-563Publisher
CAMBRIDGE UNIV PRESS
DOI: 10.1017/jme.2021.79
Keywords
Vaccines; Public Health; Freedom of Religion; Supreme Court; Children's Rights
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The article argues against requiring a religious exemption from vaccine mandates, pointing out that it could put children at risk and make the shared school environment unsafe for others. This is due to the fact that children may not yet be able to make autonomous religious decisions, and policing religious exemptions is difficult.
This article argues that the Supreme Court should not require a religious exemption from vaccine mandates. For children, who cannot yet make autonomous religious decision, religious exemptions would allow parents to make a choice that puts the child at risk and makes the shared environment of the school unsafe - risking other people's children. For adults, there are still good reasons not to require a religious exemption, since vaccines mandates are adopted for public health reasons, not to target religion, are an area where free riding is a real risk, no religion actually prohibits vaccinating under a mandate, and policing religious exemptions is very difficult.
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