A federal judge has upheld a New York City policy that bars unvaccinated students from public school when another student has a disease that could have been prevented with a vaccine.
Judge William Kuntz II ruled against three families who claimed their right to religious freedom was violated when their children were kept from school due to the city’s immunization policies.
In his ruling, the judge cited a 109-year-old Supreme Court ruling that gives states broad power in public health matters.
The Supreme Court, Kuntz wrote, has “strongly suggested that religious objectors are not constitutionally exempt from vaccinations.”
The lawyer for the plaintiffs said the she plans to appeal. Attorney Patricia Finn said last week she asked the Brooklyn court to rehear the case.