Fri | Jul 24, 2026

NY judge delays ruling on letting unvaccinated children go back to school

Published:Thursday | August 15, 2019 | 9:09 AM
People wait outside the courtroom to hear Attorneys Michael H. Sussman and Robert F. Kennedy, Jr. speak after a hearing challenging the constitutionality of the state legislature's repeal of the religious exemption to vaccination on behalf of New York state families who held lawful religious exemptions, during a rally outside the Albany County Courthouse Wednesday, August 14, 2019, in Albany, N.Y. (AP Photo/Hans Pennink

ALBANY, N.Y. (AP) — A judge declined to immediately rule on whether to let unvaccinated children go back to school in New York after a hearing Wednesday in a lawsuit challenging a new state law eliminating religious exemptions to vaccines.

The state requires all students be vaccinated but previously made an exception for those whose parents objected on religious grounds.

That exemption was repealed in June amid the nation’s worst measles outbreak in decades.

Civil rights lawyer Michael Sussman, representing 55 families who previously held religious exemptions, argued in state Supreme Court Wednesday that the repeal action was unconstitutional because it violated rights of religious expression.

He sought an injunction blocking enforcement of the new law, saying 26,000 families would otherwise be unable to send their children to school when classes start in two weeks.

Sussman added that the law was rushed through without public hearings to explore the impacts and provide expert scientific testimony.

Assistant State Attorney General Helena Lynch said the legislative record is clear that the purpose of the law is to protect public health.

“We have to come back to the principle that the right to religious expression doesn’t include the right to put others in danger,” Lynch said.

It’s unclear when Judge Denise Hartman will rule on the injunction request.

We want to hear from you! Send us a message on WhatsApp at 1-876-499-0169, email us at editors@gleanerjm.com or onlinefeedback@gleanerjm.com.