Massachusetts pols advancing bill eliminating religious vaccination exemption for school kids

Beacon Hill lawmakers were in the process of advancing legislation Friday that would eliminate religious vaccination exemptions for children entering public, private, or charter K-12 schools.

The measure was among six bills the Legislature’s Public Health Committee was in line to stamp its approval on and ship to the House for consideration during a stretch of time when legislators typically do not take up controversial legislation, according to an email sent to committee members that was obtained by the Herald.

The two Democratic chairs of the committee, Sen. Julian Cyr of Provincetown and Rep. Marjorie Decker of Cambridge, recommended lawmakers on the panel give the measure a favorable report, the email said.

The bill would still need to clear both the House and Senate and earn the signature of Gov. Maura Healey to become law. The two-year session covering 2023 and 2024 ends later this month.

Rep. Andy Vargas, a Haverhill Democrat and chief sponsor of the bill, did not provide a comment when contacted by the Herald.

But at a July 2023 legislative hearing, Vargas said there has been a “rapid rise” in the use of religious exemptions since the 1980s while religious affiliation has been on a “downward trend.”

“So you could say the spirit of the law is being violated,” he said. “… Evidence from other states shows that removing religious exemptions increases vaccination rates without impacting school attendance.”

State law requires parents or guardians of children being admitted to schools to submit a physician’s certificate showing the child has been successfully immunized against diphtheria, pertussis, tetanus, measles, and poliomyelitis, among other communicable diseases.

A child can be exempted from the requirement if a physician determines their health would be endangered by the vaccinations or a parent or guardian states in writing that vaccinations or immunizations conflict with their “ sincere religious beliefs,” according to state law.

The bill would eliminate the religious option.

The legislation also requires the Department of Public Health to issue a public report each year on the total number of students who have been immunized and students who have received a medical exemption.

The proposal drew criticism from one state lawmaker.

Rep. Marc Lombardo, a Billerica Republican, said religious exemptions for school-aged children are a “longstanding” option available to residents of Massachusetts.

“We don’t force people based on religious beliefs to have to take certain actions at the penalty of not being allowed in a K through 12 private or public institution,” he told the Herald. “Religious freedom is a foundation of our nation and here in Massachusetts, we’re going to trample on that because left-wing activists believe they know better than individuals when it comes to their medical situations?”

At the July 2023 hearing, Vargas said his bill is constitutional.

“The Supreme Court of the United States has already decided and reaffirmed that mandatory vaccination laws are constitutional,” he said. “… Our neighboring states have removed the religious exemption. I hope we can here in Massachusetts as well.”

The Public Health Committee was also in the process of moving three other bills related to vaccines and “community immunity” and two measures covering a “coordinated stroke care system,” according to the email to committee members.