Attorneys Sussman and Kennedy filed a lawsuit in New York State (NYS) Supreme Court challenging the constitutionality of the NYS legislature’s June 13, 2019 repeal of the religious exemption to vaccination, Public Health Law Section 2164(9). The plaintiffs, 55 NYS families who held lawful religious exemptions, request that the court enjoin the enactment of the repeal temporarily, preliminarily and permanently. The plaintiffs are of diverse religious faiths, including Christianity, Judaism and Islam. As a result of the repeal, these families can no longer educate their children in any schools or camps in New York without violating their religious faith. The parents who bring the suit seek to represent thousands of other families likewise affected by the repeal. Kennedy, Chief Legal Counsel for Children’s Health Defense, stated, “Religious rights are fundamental. It is unconstitutional for the state to deprive people of such important rights when religious animus has played a key role. To enact such harsh legislation without any legislative fact-finding, and with the legislators’ open display of prejudice towards religious beliefs different than their own, is simply un-American; it is essential that we fight this.”

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