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July 29, 2002
U.S. IMMUNIZATION NEWS
"Arkansas Immunization Law Partly Unconstitutional"
Associated Press (www.ap.org) (07/26/02)
U.S. District Judge Robert Dawson ruled Thursday that Arkansas'
law on immunizing children, which requires families to prove
their association with an organized religion in order to receive
exemption from the shots, is partly unconstitutional, but
children must still be immunized in order to attend school. The
lawsuit was filed by the parents of 11-year-old Danielle
McCarthy, who was expelled from school in October for a missing
hepatitis B immunization; the parents had claimed a religious
exemption, saying they were not affiliated with an established
church but read the Bible. Dawson asserts that although part of
the state law is unconstitutional, individual rights are
subordinated in this case to protect the rest of society from
disease. Dawson last year granted a temporary injunction in the
case, allowing McCarthy to return to school without a vaccination
until the suit was settled; however, last week's decision
overturns the injunction.
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