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.
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.
The form requires a statement explaining the religious tenats.
Oh, I see. And you're just asking whether the statement you provided is sufficient to satisfy the "statement" requirement. Is that correct?
yes....simple statement that is legally acceptable and not requiring more follow up from anyone or any governing body or institution or entity.
I provided a statement in my post. Does that suffice or is it outdated in anyway or invalid to use in Florida?
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.
Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.
Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.
There can also be a delay of an hour or more in between my answers because I may be taking a break.
You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”
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),
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 ..
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;
"(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?
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).