New Jersey joins national trend, seeks restrictions on vaccine exemptions

Wednesday, September 19, 2012 by: Alan Phillips, J.D.
Tags: New Jersey, vaccine exemptions, health freedom

eTrust Pro Certified

Delicious Pin It
(NaturalNews) Health freedom-loving New Jerseyans are concerned by State Senator Loretta Weinberg's Senate Bill No. 1759 ( Introduced this past March, Senator Weinberg's bill is a bid to make the exercise of a vaccine religious exemption more difficult for New Jersey parents. If passed, this bill would require parents to state their religious beliefs to exempt their children from vaccines for school enrollment, something the current NJ exemption law doesn't require.

The New Jersey bill would add New Jersey to a growing list of states that have recently passed laws restricting access to exemptions. Last year, Washington State - and this year, California - passed laws making medical doctors gatekeepers of non-medical exemptions (though the CA governor has not yet signed the CA bill into law). These laws don't pass the common sense test, let alone formal legal scrutiny. States cannot lawfully put a doctor between a citizen and the exercise of their religious beliefs, which has nothing to do with medicine. The WA and CA laws are simply unconstitutional, in my opinion. Not that that matters to state legislatures. The practical reality is that legislatures can pass any law they have the votes for, Constitutional or not, since technically, laws are not "unconstitutional" unless and until a court later says they are. So, we need activists to challenge these laws in court!

Meanwhile, the New Jersey legislature appears to have approached the matter more carefully than the WA and CA legislatures. Their bill, on its face, does not appear to violate the Constitution. Federal courts have ruled that the First Amendment's "free exercise" clause allows states to scrutinize vaccine religious exemptions to determine if the exemptions are truly religious in nature and sincerely held. But there are some issues that raise serious concern nevertheless:

1. The law is not clear as to whether or not the exemptions will be scrutinized, and if so, by whom, perhaps leaving that up to the Commissioner of Health and Senior Services, which the law directs to "adopt rules and regulations to effectuate the purposes of this section." Unless scrutiny is very carefully controlled, the 14th Amendment's "equal protection" clause may be invoked. That clause requires people similarly situated to be treated equally under the law. If individual schools or local health departments are tasked with scrutinizing religious exemption applicants' beliefs, that could be problematic. Officials throughout a state simply could not scrutinize exemption applicants' unique religious beliefs consistently with one another. Assessing religious beliefs for legal purposes is a complex task that, to do properly, would require extensive legal training and experience. If there was a centralized system for scrutiny, such a system might withstand 14th Amendment scrutiny, but would it be practical? Could one office process all exemption claims in a timely fashion? Would that office unwittingly cross First Amendment boundaries by rejecting some qualifying beliefs that the scrutinizer simply didn't like or understand? This is probably why many states don't require applicants to state their beliefs. Once the state enters that domain, they embark upon a Constitutional slippery slope that can quickly run afoul of both the 14th Amendment's equal protection clause and the First Amendment's separation of church and state.

2. By requiring all religious exemption applicants to state their beliefs, the state is effectively declaring that all parents are dishonest and untrustworthy, since the only legitimate purpose of requiring beliefs to be stated is to prevent disingenuous religious exemption claims. But is it appropriate to place restrictions on all of the state's parents, the majority of whom are honest people, in order to prevent a small percentage of dishonest parents from acting inappropriately? Are parents in New Jersey guilty until proven innocent? Or, if the state actually believes that a significant number of parents are dishonestly exercising religious exemptions, doesn't that raise serious red flags about the underlying policy itself? If the state is concerned that many parents may falsely claim to have religious objections to get the exemption, shouldn't the state recognize those citizens' concerns by expanding the exemption options to include a philosophical exemption, rather than going in exactly the opposite direction by restricting access to the religious exemption?

3. The practical reality is that by imposing the religious beliefs requirement, many who previously had religious exemptions will lose the exemption, and others who would have exercised the exemption may decide not to, or they may fail to meet the state's new, more restrictive requirements and be rejected when they apply. The more savvy and affluent parents may recognize that there are legal pitfalls to avoid, and hire an attorney to help them secure the exemption. For those "unlucky" parents who can't afford or find an attorney, or who fail to see the need for one (as one's chances of rejection are generally much higher for those who approach exemptions on their own, where stating one's religious beliefs is required), the state's new beliefs requirement is, in practical effect, placing a financial burden on parents.

New Mexico recently changed its law requiring vaccine religious exemption applicants to state their religious beliefs. If passed, the New Jersey bill would add New Jersey to the growing list of states that now have this requirements such as New York, Illinois, North Carolina, and many others. The bottom line is that vaccine exemption rates are on the rise, and the pharmaceutical industry (along with its cronies in state and federal health agencies) are responding with increased propaganda and well-financed lobbying efforts designed to maximize vaccine distribution and profits.

The national trend of restricting access to vaccine exemptions will continue unless YOU take action to stop it. Get involved - join the NVIC's Advocacy Portal ( to stay abreast of vaccine billS in your state and across the country, so you can act quickly, easily and promptly to vaccine bills. Visit my Legislative Projects page frequently (, and join the Pandemic Response Project's email list at We won't win this war by sitting on the sidelines or wondering if anything we do really matters. The tide is turning - the wrong way. It's not too late, but it will be soon unless we organize and act NOW.

Attorney Alan Phillips, J.D. is a nationally recognized vaccine rights expert. He advises clients, activists and other attorneys nationally on vaccine exemptions and legislative initiatives. Learn more at, or email Alan directly at

About the author:
Alan Phillips, Vaccine Rights Attorney, 1-828-575-2622
Vaccine Rights (

Get breaking news alerts on GMOs, fluoride, superfoods, natural cures and more...
Join over four million monthly readers. Email privacy 100% protected. Unsubscribe at any time.

Have comments on this article? Post them here:

comments powered by Disqus

Take Action: Support

Email this article to a friend

Permalink to this article:

Reprinting this article: Non-commercial use OK, cite with clickable link.

Embed article link: (copy HTML code below):
Most Popular
Today | Week | Month | Year

See all Top Headlines...


Now Available at

O3 Essentials OraJuvenate™
A powerful, cleansing dental cream for maximum oral/dental health.
New Cancer Solutions
Over 3 hours of content covering today’s best cancer tests, how to kill cancer cells and the best diets and exercise routines.
Freeze-Dried 100% Organic Whole Corn
Our freeze-drying method preserves taste, texture and nutrients better than any other food preservation method ever invented.
Fenix TK35 Flashlight
Tough, waterproof, extremely bright and it’s touted to throw an 800+ lumen beam more than 1,000 feet into the night.
Inca Treasure Smoothie Pack
This pack of our four most popular superfoods from South America is the perfect combo pack for smoothie lovers.
Pink Himalayan Salt
This salt delivers significant levels of magnesium, zinc and selenium, with trace levels of dozens of other elements.
Pinhole Glasses - Aviator Style
Pinhole glasses are becoming famous for helping people improve their vision without the risks of laser surgery.
Oxy-Rich Facial Serum
O3 Essentials Jojoba Oxy-Rich Facial Serum is cellular nourishment for your skin. Helps smooth fine lines while enhancing tissue elasticity.
Freeze-Dried 100% Blackberry Halves
Our freeze-dried blackberry halves are grown in Serbia under strict organic standards.

Also on NaturalNews:

Health Ranger Videos
Activist music
CounterThink Cartoons
Food documentaries
FREE Special Reports
Colloidal Silver

Advertise with NaturalNews...

Support NaturalNews Sponsors:

Advertise with NaturalNews...

Most Popular Stories

Flu shot kills 19-year-old, but vaccine industry still has total immunity against lawsuits
Here's a nutty fact: Eating more tree nuts lowers the risk of all-cause death by up to 20 percent
Six important facts you're not being told about lost Malaysia Airlines Flight 370
Malaysia Airlines Flight 370 now clearly a government cover-up: All evidence contradicts official story
10 other companies that use the same Subway yoga mat chemical in their buns
BLM fracking racket exposed! Armed siege and cattle theft from Bundy ranch really about fracking leases
High-dose vitamin C injections shown to annihilate cancer
U.S. treating meat with ammonia, bleach and antibiotics to kill the '24-hour sickness'
USDA to allow U.S. to be overrun with contaminated chicken from China
Vaccine fraud exposed: Measles and mumps making a huge comeback because vaccines are designed to fail, say Merck virologists
Battle for humanity nearly lost: global food supply deliberately engineered to end life, not nourish it
Diet soda, aspartame linked to premature deaths in women

25 Amazing Facts About Food

This FREE downloadable report unveils a collection of astonishing and little-known facts about the food we eat very day. Click here to read it now...


Resveratrol and its Effects on Human Health and Longevity - Myth or Miracle.

Unlock the secrets of cellular health with the "miracle" nutrient Resveratrol Click here to read it now...


Nutrition Can Save America

FREE online report shows how we can save America through a nutrition health care revolution. "Eating healthy is patriotic!" Click here to read it now...

The Healing Power of Sunlight and Vitamin D

In this exclusive interview, Dr. Michael Holick reveals fascinating facts on how vitamin D is created and used in the human body to ward off chronic diseases like cancer, osteoporosis, mental disorders and more. Click here to read it now...

Vaccines: Get the Full Story

The International Medical Council on Vaccination has released, exclusively through, a groundbreaking document containing the signatures of physicians, brain surgeons and professors, all of which have signed on to a document stating that vaccines pose a significant risk of harm to the health of children. Click here to read it now...

Health Ranger Storable Organics

GMO-free, chemical-free foods and superfoods for long-term storage and preparedness. See selection at

Recommended Resources On:

Natural News trends
Health Ranger news
Natural News GMOs
Mike Adams tracker
Natural News photos
Natural News Global
Natural News in focus
Natural News connect
Natural News shocking stories
Natural News radar
Health freedom
Dr. Paul Offit

This site is part of the Natural News Network © 2014 All Rights Reserved. Privacy | Terms All content posted on this site is commentary or opinion and is protected under Free Speech. Truth Publishing International, LTD. is not responsible for content written by contributing authors. The information on this site is provided for educational and entertainment purposes only. It is not intended as a substitute for professional advice of any kind. Truth Publishing assumes no responsibility for the use or misuse of this material. Your use of this website indicates your agreement to these terms and those published here. All trademarks, registered trademarks and servicemarks mentioned on this site are the property of their respective owners.

eTrust Pro Certified Android app on Google Play

Sign up for the FREE Natural News Email Newsletter

Receive breaking news on GMOs, vaccines, fluoride, radiation protection, natural cures, food safety alerts and interviews with the world's top experts on natural health and more.

Join over 7 million monthly readers of, the internet's No. 1 natural health news site. (Source:

Your email address *

Please enter the code you see above*

No Thanks

Already have it and love it!

Natural News supports and helps fund these organizations:

* Required. Once you click submit, we will send you an email asking you to confirm your free registration. Your privacy is assured and your information is kept confidential. You may unsubscribe at anytime.