Problems with the Religious Exemption | (Amended to SB439 on Feb 24, 2004)

"Proof of immunization is not required for a child entering school if the parent or guardian of the child entering school submits a signed notarized statement attested to by a member of the clergy or religious representative who is authorized to perform marriages in the state..., stating that the parent or guardian has received information from the department of health and human resources as required by subsection (a) of this section, understands the risk and benefits of immunizations and the potential risks of nonimmunization and that due to religious belief(s) the parent or guardian does not consent to the immunization of the child entering school. "

Three attorneys that WVVE has consulted have told us it is unconstitutional to require that one's religious beliefs be attested or approved by another person.  It is also unconstitutional to deny an atheist, who may have moral objections to abortion or other moral issues, the right to act according to his/her conscience.  It entangles the state in blatant religious discrimination to approve some religious beliefs, while invalidating others or invalidating moral beliefs of those do not have an established religion. 

The religious exemption must be amended to:

1.  Eliminate the requirement to be attested by a member of the clergy or religious representative.

2.  Add "moral beliefs" as an acceptable reason to be exempt.