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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91065
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Florida Religious exemption for vaccinations; What simple language

Resolved Question:

Florida Religious exemption for vaccinations; What simple language can be stated on a form to request religious exemption for vaccinations to get into an accredited Florida Higher learning Institution?

What tenats would be legally required on such a statement? Can someone's personal faith and belief that they are protected by their belief be sufficient and does that constitute their religion or do they have to physically "belong" to a religious group or church as some people do not have time anymore and are exhausted working 60 hours a week to actually get to their church anymore so they have no choice but to keep their spirituality personal and private.
Submitted: 1 year ago.
Category: Legal
Expert:  Thomas McJD replied 1 year ago.

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

Have you asked the University for its waiver form? All Universities, in my experience, have a form that you can obtain in the admissions department that allows you to waive any vaccination requirement on religious grounds.

Customer:

The form requires a statement explaining the religious tenats.

TMcJD :

Oh, I see. And you're just asking whether the statement you provided is sufficient to satisfy the "statement" requirement. Is that correct?

Customer:

yes....simple statement that is legally acceptable and not requiring more follow up from anyone or any governing body or institution or entity.

Customer:

I provided a statement in my post. Does that suffice or is it outdated in anyway or invalid to use in Florida?

TMcJD :

I'm sorry, but I've been called away and won't be able to finish chatting with you. I'll opt out so another expert can assist you. Thanks.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The wording you are using is the generally accepted language, what is missing is the following, ""NAME in/are exercising my/our rights under the First Amendment of the US Constitution and Florida Statutes 1003.02, 402.305, 402.313 and 383.14 (4) to receive Religious Exemption from Vaccination, ALL injections, & testing."

Also, "Applicable law has been interpreted to mean that a religious belief is subject to protection even though no religious group espouses such beliefs or the fact that the religious group to which the individual professes to belong may not advocate or require such belief. Title VII of the Civil Rights Act of 1964 as amended Nov. 1, 1980; Part 1605.1-Guidelines on Discrimination Because of Religion" should be inserted before your statement about the Supreme Court.

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Customer: replied 1 year ago.

I've read that in some cases the exemption is challenged and a person has to defend and prove their religious or spiritual tenets in court. So in submitting the exemption would it be necessary to include verbage describing tenants in addition to the facts and statutes? Or do those statutes take care of tenants so it is not necessary?

Should the word spiritual be added along with religious as they are the same?

Also, i am understanding that this line about article 21 should be ommitted and replaced with the stattes?

 

omitt this line here yes or no? -

US Constitution, PUBLIC HEALTH LAW, ARTICLE 21. CONTROL OF ACUTE COMMUNICABLE DISEASES,TITLE VI. POLIOMYELITIS AND OTHER DISEASES, NY CLS Pub Health § 2164 (2002),

 

 

Exemption Satement;

 

I XXXXX XXXXX, is exercising my rights under the First Amendment of the US Constitution and Florida Statutes 1003.02, 402.305, 402.313 and 383.14 (4) to receive Religious Exemption from Vaccination, ALL injections, & testing, due to my genuine and sincere religious beliefs which are contrary to the practices herein required.

"Applicable law has been interpreted to mean that a religious belief is subject to protection even though no religious group espouses such beliefs or the fact that the religious group to which the individual professes to belong may not advocate or require such belief. Title VII of the Civil Rights Act of 1964 as amended Nov. 1, 1980; Part 1605.1-Guidelines on Discrimination Because of Religion"

The U.S. Supreme Court held in Frazee V. Illinois Dept. of Security, 489 U.S. 829, that a religious belief is subject to protection even though no religious group espouses such ..

 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

The Court has held that as long as it is a sincerely XXXXX XXXXX belief and if you get to court you will be questioned on that religious belief and you will have to believe it. As long as you can convince the court, if challenged, that the belief is reasonable and you can articulate it, then you can defend it.

Religious belief is the word that needs to be used.

Yes, Article 21 refers to NY law, I gave you the FL statutes, so remove the NY law if you are in FL.
Customer: replied 1 year ago.
So I omit the portion I mentioned here: Called article 1 correct?

US Constitution, PUBLIC HEALTH LAW, ARTICLE 21. CONTROL OF ACUTE COMMUNICABLE DISEASES,TITLE VI. POLIOMYELITIS AND OTHER DISEASES, NY CLS Pub Health § 2164 (2002),

My apologies for repeating....
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for asking for clarification. Yes, if you are in FL, you omit the reference to NY law and you include the reference I gave you above to the FL law.
Customer: replied 1 year ago.
Last final thought:
There is no need on the written statement (other than including and clarifying those statutes and including the words "religious beliefs" ) to explain or list in common language what specifically those beliefs are to avoid someone questioning those religious beliefs?
It would take up at least 2 more paragraphs of space should the beliefs be sincerely XXXXX XXXXX including them might satisfy anyone that might otherwise have a desire to challenge someone with those beliefs in court?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for the reply. The only legal requirement is the paragraph above with the applicable laws and you are exercising your rights under those laws. You do not need to explain your sincerely XXXXX XXXXX belief in any detail. If you choose to do so that is up to you, but it is certainly part of any legal requirement.
Customer: replied 1 year ago.
Is this a typo in your last line "
but it is certainly part of any legal requirement."
Expert:  Law Educator, Esq. replied 1 year ago.
Yes, thank you for pointing it out. It is NOT part of any legal requirement.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91065
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 4 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
I added $8 as tip. Can u confirm because then I clicked the dot on the far left and it sabotaged the screen.
Expert:  Law Educator, Esq. replied 1 year ago.
Yes, you did. Thank you very much.
Customer: replied 1 year ago.

HI....I need more clarification on this topic because i have looked at the statutes and i do not find any language which makes reference to any exemption a religions right to not partake in testing or vaccinations.

 

I am searching for the words immunization in the statutes and i only found this excerpt below;

"

403.305 states

"(d) Any child shall be exempt from medical or physical examination or medical or surgical treatment upon written request of the parent or guardian of such child who objects to the examination and treatment. However, the laws, rules, and regulations relating to contagious or communicable diseases and sanitary matters shall not be violated because of any exemption from or variation of the health and immunization minimum standards."

 

That is contrary language isnt it?

 

....can you direct me to the exemption statement in any of the statutes you mentioned previous that supports the religious exemption? I also searched the word religious and haven't found any supportive language.

 

ALSO; Here is another question although related but i will tip you again for this.

If the Higher learning institution has provided an exemption for measles and Hepatitis, and is asking for a religious statement, can the applicant insert this same statement showing the statutes?

 

Expert:  Law Educator, Esq. replied 1 year ago.
The authority for the religious exemption is in FS 1003.22; Chapter 64D-3.046. The exemption is based on the US laws regarding religious freedom and discrimination.
Customer: replied 1 year ago.

The institution has provided a statement for exemption which reads;

 

I certify that immunizations violate my relgious practices and tenats. Therefor i request that i be enrolled at...........USCollege with out,,,,,,etc etc...I understand the risks,,, etc etc....

 

".....submit this form along with....or a letter from your church or a personal statement (at the bottom of this form) stating your person religious tenet."

 

In this case, is personal language or wording required or are the statutes and other legal references and language above sufficient in to satisfy the tenets being requested?

 

Does form DH 681 need to be included? It does not state this on the Vaccine Waiver for Religious Exemption form the Institution provided.

Expert:  Law Educator, Esq. replied 1 year ago.
The legal language with what it says above that it is your personal religious belief is sufficient. You do not have to go into details regarding your religious belief according to the Supreme Court or the laws, just a general statement that it is against your religious belief. The college form is all that is needed if that is all they are asking for.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91065
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 4 other Legal Specialists are ready to help you

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