New Law in California

[MechaPilot]

I'm torn.

The unvaccinated do pose a very real health risk whenever they mingle with the general population: particularly to children too young to be vaccinated, and potentially to the elderly and immune-deficient. However, vaccination is a also matter of one's personal health decisions (like exercising, eating healthy, and not smoking are).

I like that there's a home school exception. However, I think the law should make the unvaccinated (or their guardians) liable for damages should they spread a disease that could have been prevented through vaccination.

 

[Dannyalcatraz]

The one thing that surprised me about the California law- and the section I think it is most vulnerable to court challenge- is that there is no religious exemption. I don't think the law as a whole is in danger of being voided, but I could definitely see a court altering that clause.

 

[Homicidal_Squirrel]

I'm torn.

The unvaccinated do pose a very real health risk whenever they mingle with the general population: particularly to children too young to be vaccinated, and potentially to the elderly and immune-deficient. However, vaccination is a also matter of one's personal health decisions (like exercising, eating healthy, and not smoking are).

I like that there's a home school exception. However, I think the law should make the unvaccinated (or their guardians) liable for damages should they spread a disease that could have been prevented through vaccination.

The problem is trying to figure out who was the one that spread the disease in the first place.

 

[Homicidal_Squirrel]

The one thing that surprised me about the California law- and the section I think it is most vulnerable to court challenge- is that there is no religious exemption. I don't think the law as a whole is in danger of being voided, but I could definitely see a court altering that clause.

Just curious, but what credible religious reason is there for not vaccinating kids?

 

[Dannyalcatraz]

Just curious, but what credible religious reason is there for not vaccinating kids?

"Credible religious reason" is...not...the phrase/standard in law.

There are several faith traditions that espouse that injections, pharmaceuticals, blood transfers and other medical procedures- especially those that are "intrusive"- are anathema to the faithful. Makes things tricky for hospitals & MDs. You have to respect their faith...but also have the capacity to administer standard treatment if they decide to consent anyway.

Some jurisdictions overrule religious objections for minors, some don't, and some have a mixed bag...

 

[Homicidal_Squirrel]

"Credible religious reason" is...not...the phrase/standard in law.

Maybe it should be.

 

[Dannyalcatraz]

Speaking as a practicing Catholic, I'm not sure "credible religious reason" could be defined as anything but "generally in accord with known or provable tenets of the religious or sect" in question. Probably couldn't pass an objective "credibility" test. And as long as freedom of religion is ensconced in our Constitution, that's about as far as it will go.

Realize, though, that religion isn't the ultimate trump card. Like anything else in the discussion of constitutional law, it's a balancing act of rights & duties.

 

[MechaPilot]

Speaking as a practicing Catholic, I'm not sure "credible religious reason" could be defined as anything but "generally in accord with known or provable tenets of the religious or sect" in question. Probably couldn't pass an objective "credibility" test. And as long as freedom of religion is ensconced in our Constitution, that's about as far as it will go.

Realize, though, that religion isn't the ultimate trump card. Like anything else in the discussion of constitutional law, it's a balancing act of rights & duties.

That's true. For every thing you can do with your "it's my religion" card, there is some kind of legal consequence. Can't work on Good Friday? Don't expect to get paid for it. Need a non-meat alternative in the cafeteria on Fridays during Lent? Don't expect it to be any better than any of the other cafeteria food (and fish can taste pretty horrible if it's not done well).

 

[Dannyalcatraz]

More on point, there are parents in jail today, being held responsible for substituting prayer for medical treatment of their sick children.

 

[Kramodlog]

IIRC the data quoted was from 2011, not the outbreak this year. Even the "facts" submitted by this person were suspect, as I couldn't verify his claim that all the infected were vaccinated. I took the position, "So what if they were?" After all, vaccination isn't a 100% protection. It's simply far better than not at all, and herd immunity also has it's benefits.

It isn't just that. If I understand the science correctly, some vaccines' protection fade overtime, so older folks who were vaccinated are vulnerable once more to the diseases. If we vaccinated kids it is because they are the most susceptible to those diseases. Once they are protected the whole herd is protected since they are the ones most likely to spread the disease in the first place.