In this paper, the author argues that parents in California should be able to exempt their children from vaccines like Measles, Mumps, and Rubella. The author presents evidence of why parents have the constitutional right to protest this issue. He presents how it violates freedom of religion because if it’s against there beliefs than they shall not take beliefs. Under Senate Bill 277, if parents wish to leave their children unvaccinated, kids won’t have the capacity to attend class since they have not received the vaccinations required by law. For this reason, the author argues the other side and presents evidence to side with him.
The side effects of the Measles, Mumps, and Rebulla, which is also known as MMR shot can be very harmful and explains how the government had to pay over three billion dollars because of the reactions of these shots. He also wants Governor Jerry Brown to understand that Bill 277 is unconstitutional. Vaccines are a substance used to animate the generation of antibodies and give resistance to diseases. Vaccines usually help individuals but people have the right to protest and refuse these shots. It’s not fair to force people to take these shots when it’s unnecessary and violates their right of how they perceive of vaccines. Parents have the privilege to absolve their children from vaccines like Measles, Mumps, and Rubella.
Since parents are making decisions for their children, the parents also have the right to determine whether their child engages in certain acts, such as vaccines. Parents in California should be able to exempt their children from vaccines like Measles, Mumps, and Rubella because of our first amendment right and the side effects of vaccines. A poor little baby had his 2nd birthday, but little did he know that he had to take an MMR shot that would change his entire life. Ten days after the shot he started to feel symptoms as a result of the shot.
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He started to have high temperatures and was sobbing. Four months after his birthday he had severe autism. (TAPI, 2016) With this being said, California governor Jerry Brown still passed a law called the “Senate Bill 277” which no longer allows parents to refuse vaccination. This bill removes personal beliefs from parents and guardians who believe that their children shall not be vaccinated (Legal Information Institute) This law has violated many rights, especially the parents. They have the right to the first amendment which states people have the right to freedom of speech, freedom of religion, freedom of assembly, freedom of the press and lastly the right to petition. (Legal Information Institute) Specifically, based on the first amendment, this bill violates their rights in freedom of religion. The reason it inhibits freedom of religion is that people have personal beliefs that prohibit them to take vaccines.
Some religions that would include exempting from vaccinations would be Hinduism, Buddhism, Jainism, Islam and much more (TAPI, 2016). Their beliefs shall not be undermined therefore they have the right to keep the first amendment and petition if the right is denied to them. Furthermore, parents and their children have an established constitutional right for protection that should have the capacity to settle on their own healthcare decisions. According to the parental rights amendment, “it cannot now be doubted that the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children.”(Legal Information Institute)
Essentially, the right to the parent would be considered an unenumerated right, which is protected from governmental interference by the Due Process Clauses of both the fifth and fourteenth amendments. This would then allow parents to exercise their right to exempt their child from vaccinations based on their beliefs. Under Senate Bill 277, if parents wish to leave their children unvaccinated, kids won’t have the capacity to attend class since they have not received the vaccinations required by law. In Serrano versus Cleric (1971) the California Supreme Court recognized for the first time and stated that: “students have a fundamental right to equal educational opportunity under the California Constitution”.(Frank, 2007)
Under those conditions, the bill is to be viewed as unlawful under state law since it disregards a children’s entitlement to get a public education. Education is a crucial right in California, as set up by Article IX of the California constitution. Since education is a crucial right, Senate Bill 277 takes away that right when not letting children attend schools because of vaccinations that are required by law. This abuses and negates of what California state education would resemble. Although the first amendment right is a crucial part of this topic, the side effects of vacciness are also a big concern. According to this article NHS.UK has insisted that the MMR vaccines have some sort of side effects. The side effects can include rash, high temperature and loss of appetite which prohibits their children to become unable to attend school for a couple of days.
If Bill 277 continues to be passed, parents would be unable to stop their children from taking vaccines in order for them to go to school. Such bad symptoms like headaches and rashes can occur and harm the children all because of the school’s policy of a requirement with vaccines. Bill of 227 shall be noticed as unconstitutional. The National Childhood Vaccine Injury Act of 1986 was signed into law on November 14th and it was to reduce the potential financial liability due to vaccine injury. This shows that vaccines are dangerous and because in 2012 the “U.S Court of Claims had awarded 3 billion dollars to vaccine victims for these vaccine injuries” (National Vaccine Information Center).
This data has shown to be relevant evidence in saying that parents have the constitutional right to exempt their child of vaccines due to the side effects. Before the side effects of vaccines were a theory, but now there’s evidence, MMR prompts Autism. Initially found by Dr. Andrew Wakefield yet has additionally now been supported by Dr. Stephanie Seneff, who wrote an article explaining the science behind the connection between MMR and Autism. In scientific terms, “ When the measles virus from the vaccine gains access to the brain, the brain’s immune system acquires antibodies to this abnormal haemagglutinin molecule, and then, through molecular mimicry, these antibodies become autoantibodies to myelin basic protein, a basic component of the myelin sheath.
This autoimmune attack on the nerve fibers in the brain disrupts neuronal communication channels, causing the symptoms of autism” (Seneff, 2017). When the child is receiving the vaccination his or her antibodies create a side effect that attacks fibers of the brain causing symptoms of autism. People might ask why parents wouldn’t want their children to get vaccinated and reasons for this is because of religious purposes personal beliefs or philosophical reasons, safety concerns, and a desire for more information from healthcare providers.
The other side may consider is it fair/right to put an other student health at risk because you choose not to vaccinate your child? As stated, if they got the vaccine shot, then they shouldn’t be affected by someone else not taking it. Instead, people should consider looking at the The National Childhood Vaccine Injury Act of 1986 because this caused about 3 billion dollars to victims who took the shot and got sick because of it. Therefore it is safe to say that vaccines are dangerous. Vaccines is a substance used to energize the age of antibodies and offer protection from diseases.
People have the right to protest and refuse these shots. It’s not reasonable for individuals to take these shots when it’s abusing there right of how they view of vaccines. Parents have the benefit to exculpated their children from vaccines like Measles, Mumps, and Rubella. Since parents are settling on choices for their kids, the guardians additionally have the privilege to decide if they take part in specific acts. Parents have the privilege to exclude their children, who gone to government-funded schools in California, from vaccines like Mumps, Measles, and Rubella due to our first amendment right and the symptoms of vaccines.
References
- MMR and Autism: Our Story (2013, May 19) Voice for Vacciness. Retrived from https://www.voicesforvaccines.org/mmr-and-autism-our-story/ Legal
- Information Institute, ( 1992) Legal Information Institute, Retrived from https://www.law.cornell.edu/constitution/first_amendment
- TAPI, ( 2006, January 17) What religions actually state about vaccines Retrived from http://www.whyimmunize.org/what-religions-actually-state-about-vaccines/
- Robert, F (2007), The law firm of Robert J. Frank and assocations, The Constitutional Right to Parent. Retrived from https://www.rjflaw.com/articles/the-constitutional-right-to-parent/
- The National Vaccine Injury Compensation Program (1986) – NVIC.National Vaccine Information Retrived from https://www.nvic.org/injury-compensation/origihanlaw.aspx
- Seneff, S ( 2017, August 15) Weeding Out Vaccine Toxins: MMR, Glyphosate, and the Health of a Generation Retrived from https://worldmercuryproject.org/news/weeding-vaccine-toxins-mmr-glyphosate-health-generation/
