Many states, including Virginia, have a religious exemption to the requirement of vaccines based upon sincerely held religious beliefs. However, Virginia’s exemption has a big hole. The Code of Virginia (§ 32.1-48) states that during epidemics the state Commissioner of Health can mandate vaccinations for “all persons” except those whose health might be compromised.
HB 306 introduced by Delegate Nick Freitas, R-Culpeper, would amend the code to maintain the religious exemption during epidemics. The bill passed out of the Health, Welfare, and Institutions Committee 12-9. Now it heads to the House.
States, Congress, and the Supreme Court have a long history of protecting the Free Exercise Cause that is contained in the First Amendment. The Supreme Court case Abington School District v. Schempp determined, “The Free Exercise Clause . . . withdraws from legislative power, state and federal, the exertion of any restraint on the free exercise of religion. Its purpose is to secure religious liberty in the individual by prohibiting any invasions there by civil authority.” Continue reading