KEYWORD1:
Mandatory School Immunizations, Religious Exemption, Unconstitutional



BACKGROUND:
In October 2001, Arkansas's school immunization laws were challenged in federal court. Suits were filed in both the Eastern and Western Districts of Arkansas.

OBJECTIVE:
1) Describe the court cases and their outcomes. 2) Describe Arkansas's response to the courts ruling.

METHOD:
Four plaintiffs, in three suits, challenged Arkansas’s mandatory school immunization law for K-12 grades. One plaintiff’s case, which challenged the varicella vaccine requirement, was dismissed since her children were not required to have the vaccination.

RESULT:
By August 2002, the courts handed down their rulings. Both courts ruled the religious exemption component of the immunization law unconstitutional. As a result, Arkansas was left with only a medical exemption. These rulings also left those children that previously enjoyed a religious exemption subject to the mandatory immunization requirements. And, the law continued to require each of the plaintiffs’ children be properly immunized prior to entering school. The court did extend injunctive relief to the plaintiffs’ children pending their appeal to the Eighth Circuit Court of Appeals. Because the injunctive relief applied only to the plaintiffs’ children, their attorneys filed for an emergency stay with the appellate court that contradicted his previous filings, they argued that Arkansas should continue granting religious exemptions.

CONCLUSION:
The cases are currently on appeal with the United States Court of Appeals for the Eight Circuit. Arkansas will continue to grant religious exemptions until the appeals court rules otherwise.
LEARNINGOBJECTIVES:
Each attendee will: 1) understand the process when a public health law is challenged. 2) Review the complexity of a court challenge. 3) Understand not all rulings will result in the desired outcome.