State law requiring madatory vaccination as a condition of attending school is constitutional
Workman v. Mingo County Sch., No. 09-2352 (4th Cir. Mar. 22, 2011)
Abstract: A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit (MD, NC, SC, VA, WV) has ruled, in an unpublished opinion, that a West Virginia statute requiring mandatory vaccination of children as a condition of attending school in the state is constitutional. The panel concluded that the parent's Free Exercise, Equal Protection, and Due Process Clauses challenges were without merit.
The panel concluded that the weight of U.S. Supreme Court precedent regarding state mandatory vaccination laws supported the conclusion that the statute does not infringe on either the parent's or child's free exercise of religion rights. The panel likewise rejected the as-applied and facial equal protection challenges, finding the statute's lack of a religious exemption was not discriminatory on its face. Finally, the panel found the mother's substantive due process right to refuse to have her child immunized as a condition to attending school in West Virginia was not a fundamental right subject to Fourteenth Amendment due process protection.