New York Vote Nearing on Eliminating Religious Exemption for Vaccines

Sen. Brad Hoylman (left) and Assemblyman Richard Gottfried have been allies on many issues, but Gottfried says he's "wrestling" with a bill ending religious vaccine exemptions. that Hoylman backs.

With close to 800 New Yorkers infected with the measles — most of them Orthodox and ultra-Orthodox Jewish children — the State Senate appears ready to pass a bill mandating all schoolchildren get vaccinated. The only exceptions granted would be for those with certified medical conditions and those who are home-schooled.

But key members of the Assembly have said they're worried the bill could infringe on First Amendment religious freedoms.

"I'm wrestling with it," said Richard Gottfried (D-Manhattan). "I have always been a very strong proponent of maximizing vaccination. I've supported a long list of measures in that direction. But I'm concerned about taking away that First Amendment protection."

Gottfried acknowledged that similar laws in California, Mississippi and West Virginia have passed constitutional muster but he says he doesn't think the courts always 'get it right' when it comes to deeper principles.

"There are several areas where I think constitutional guarantees are stronger than what the Supreme Court sometimes thinks," he said. "Nobody agrees with the Supreme Court 100 percent of the time, so I certainly understand the Supreme Court doesn't require a religious exemption. But I think it still has important value."

"I'm not sure why it's even an issue — the objections have very little to do with religion," said Assemblyman Jeffrey Dinowitz (D-Bronx), who authored the bill years before the current measles outbreak. "I would never tell people what to believe, but if your beliefs affect other people, I don't think your beliefs should trump their health and safety."

Several religious leaders have said nothing in their faith forbids being vaccinated.

Dinowitz has been trying to persuade Gottfried and other hold-outs, including Thomas Abinanti (D-Westchester), who has tried to broaden the number of exemptions.

Dinowitz on Thursday said he will request a vote when the next committee meeting is held, in the coming weeks. Gottfried said he would allow Dinowitz to submit his bill.

"I can't guarantee what the result will be, but I'm feeling better and better every day about our chances," Dinowitz said

Senator Brad Hoylman (D-Manhattan), chairman of the Judiciary Committee, is Dinowitz's co-sponsor in the Senate, where he believes it is likely to pass.