Mandated

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Central Michigan University *

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221

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Law

Date

Jan 9, 2024

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docx

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Uploaded by PresidentUniverseTarsier5

Mandated Vaccination WRITING INTENSIVE PROJECT-HST221WI MYA MORRIS

2 Introduction Vaccination requirements are put into place to help guarantee the safety of the community. The intent behind vaccinations is to keep the general public safe and to slow down the rapidly spreading diseases that are easily transmitted when people are in close proximity to one another. Although some believe that requiring vaccinations violates people's First Amendment rights, there are exceptions put into place for people with religious beliefs that go against vaccinations. Considering the state that society was in with the Coronavirus and trying to readjust back to “a normal life”, the requirement of vaccination will help ensure the safety of society. Vaccination Requirements are the quickest and most adequate way to ensure the safety of the general public. In this paper, the evidence that I will present will give examples of why vaccinations should be required specifically in scholarly settings. Concession The First Amendment protects people’s right to freedom of religion, some believe that requiring the public to be vaccinated violates that right. However, considering that these requirements are made to protect the public, alternative options to schooling are available and the requirements have exemptions in place that protect their right to practice their religion. The article by Salmon and Siegel stated found that in order to best protect everyone is when balance could be found between the rights of individuals and the societal risks of choosing not to vaccinate (Salmon & Siegel, 2001). They proposed that when states use the model of contentiousness objectors by considering the sincerity of beliefs for those who do claim a non- medical exemption, for school entrance, would help protects both the freedom of religion and the

3 public’s health. The societal risk of not having vaccination requirements for school entry includes the possibility of the rapid spread of diseases and infections among young children who are still developing a healthy immune system. The mention of individual educational counseling, it is a good alternative to sending students that did not meet the vaccination requirement due to a non- medical exemption as they would have to be educated on a nontraditional route. All in all, there are exemptions and extra support provided for those who would like to have a non-medical exemption to provide a balance that protects everyone’s rights and health. Supporting When looking back in history, it can be found that traditionally mandating vaccinations has been ruled in favor of protecting the general welfare of all in the courts. In an article about the needed balance that the courts provide around vaccination laws, Underwood concluded that the clear science of vaccination trumps the competing rights and values over who has the final say in mandated children vaccination (Underwood, 2020). Underwood touched on the first reported case, Duffield v. School District of Williamsport PA. 1894, in this case, the school district required that all students must have a smallpox vaccination before being enrolled, and the Pennsylvania Supreme Court ruled in favor of the school district. Another case that was presented in this article was F.F v. State of New York (Supreme Court NY Albany County 2019) spoke on the argument of religious rights being discriminated against when a vaccination mandate is put in place. The court ruled in favor of the mandate due to the fact that the state was acting to promote public health at a time of an increase in the spread of measles, it was not a discriminatory act towards anyone’s religion. Considering that it is clear that in the past placing a mandate in place has supported public health, it is a practice that should be continued. It has been shown to work as far back as

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