Question
The state of Candyland requires all children attending any school in the state to be fully vaccinated in order to attend. The law contains a
The state of Candyland requires all children attending any school in the state to be fully
vaccinated in order to attend. The law contains a religious exemption for families with
"genuinely held" religious beliefs who do not wish to vaccinate their children. To qualify
for the exemption, parents must hold membership in an organized religion that has
written tenets prohibiting invasive medical procedures such as vaccination. If parents
choose to exercise their right to religious exemption to vaccination for their children, the
law requires families to defend it, and explain their religious or spiritual beliefs in their
own words in a certified letter to the school board.
A group of parents who identify themselves as being part of "earth-based religions"
(Wicca, paganism, world pantheism, etc.) refuse to get their children vaccinated, asserting
the requirement runs counter to their religious beliefs. The group insists that the law is
unfair and feels it violates their privacy. The parents have asked you to advise them
whether there might be any grounds to challenge the religious exemption as
unconstitutional or find some other way of getting their children permitted to attend
school without vaccinations.
Identify each issue and analyze separately. For all issues discussed be sure to state the
issues, the applicable rule, and apply the rule to these facts using analogous case law.
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