parents sue catholic school for denying admission to their son

[Amby 490]

A New York couple is suing a Catholic high school for refusing to grant a religious exemption that would allow their 14-year-old son to enroll in ninth grade without state-required vaccinations, claiming immunizations are a "violation of God's supreme authority."

Andrea and Paul Polydor, of Garden City, believe human bodies "should not be defiled by vaccines," according to a complaint filed in Nassau County Court against Kellenberg Memorial High School in Uniondale.

They claim their son -- identified in the seven-page lawsuit as "JP" -- should be granted an exemption to public health laws that require children to be inoculated for diseases including mumps, measles, rubella, hepatitis B and others.

"[W]e are all created in God's image," reads a letter the Polydors sent to the school on Feb. 13, according to the lawsuit. "Therefore, we must not defile our blood and our bodies with diseases and other impure substances. As the divine Architect, God designed our bodies to have immune systems that must not be defiled by vaccines. Immunizations are a violation of God's supreme authority, and therefore, unholy. Since immunizations are unholy they violate my religious beliefs."

The Polydors also claim that using vaccines would show a "lack of faith in God, and His perfectly designed immune system," according to the lawsuit.

School officials rejected the parents' claim, saying state law requires students to receive inoculations.

"State law is very strong and very clear in its requirement that the appropriate Certificate of Immunization and record of Physical Examination must be on file at Kellenberg Memorial High School before a student can begin attending class," the school wrote in a letter it sent to the Polydors on June 7, according to the lawsuit. "[T]here is no religious conflict to this important public health concern."

But public health laws allow for exceptions for "children whose parent, parents, or guardian hold genuine and sincere religious beliefs which are contrary to the practices herein required, and no certificate shall be required as a prerequisite to such children being admitted or received into school or attending school," according to the complaint.

The Polydors are seeking a temporary restraining order and permanent injunction ordering the school to accept their son, who is attending ninth grade at the school in the interim, their attorney, Patricia Finn ,said.

She said the Polydors have 30 days to comply with the state's public health laws pertaining to vaccinations.

"At this time, we are in negotiations with the school," Finn told FoxNews.com. "[school officials] are making further inquiries, but it is quite likely the child will continue school there because [the Polydors] do have a valid and sincere religious belief contrary to vaccinations."

Claire Pospisil, a spokeswoman for the New York State Department of Health, said state law requires all students -- including those at private schools -- to be immunized. Families can be exempted on religious grounds, but those exemptions are not automatic, she said.

"If a student feels that they should be exempted from being immunized, they can provide the school -- and it can be a private or a public school -- with the information on why they believe they are eligible for a religious exemption," she said. "And then the school would review the information to determine if it's granted."

Pospisil continued, "If [school officials] don't feel that there is a legitimate reason for the request, than they don't have to grant it. They don't have to automatically grant it -- it has to be reviewed."

Finn declined to indicate which vaccinations "JP" did or did not have as of this week, but she said she was confident the matter would be settled shortly.

"I believe the matter will be settled because I am confident the family and the school and the archdiocese are acting in the best interest of the child," she said. "There's no reason to think otherwise."

Finn continued, "Can the archdiocese or any school have a blanket policy that refuses to extend religious exemptions when the legislature and the New York public health laws say you can have an exemption if you have a sincere religious belief contrary to the practice of vaccinations?"

But Judge Andrew Napolitano, Fox News' senior judicial analyst, said the suit is unlikely to succeed in court since the school at question is a private entity. It would be much more likely to prevail in court if the school was public, he said.

"[The Polydors] have freely chosen to go there, they've accepted the conditions to go there," Napolitano told FoxNews.com. "In my opinion, the lawsuit is frivolous and will be dismissed."

The Polydors were unavailable for comment, according to Finn. School officials did not immediately respond to a message seeking comment.

http://www.foxnews.com/us/2010/09/13/new-york-parents-sue-catholic-school-required-vaccinations/

[The_Dude 1,142]

Fine, if they don't want to vaccinate their son, then they should be forced to purchase insurance against any spread of illness for each and every student and faculty at that school.

[Danno 1,228]

These parents would be better served to invest in "Home schooling" supplies rather than an attorney.

[The_Dude 1,142]

These parents would be better served to invest in "Home schooling" supplies rather than an attorney.

But, but, but.... This is America, where everyone is looking for a quick buck.

[trillium13 84]

Here's what I don't understand about these religious zealots who don't believe in vaccinations and medicines and the like.

I'm not a religious person, so maybe I just can't grasp it. But I do know quite a few, and the vast majority of them believe that God enabled man to create things like vaccinations and chemotherapy and oxycodone.

[Peikko 1,575]

Here's what I don't understand about these religious zealots who don't believe in vaccinations and medicines and the like.

I'm not a religious person, so maybe I just can't grasp it. But I do know quite a few, and the vast majority of them believe that God enabled man to create things like vaccinations and chemotherapy and oxycodone.

It is an interesting question. I suspect it's tied to a more literal interpretation of the bible. While most contemporary christians are able to accommodate scientific advances by interpreting the bible as allegorical and illustrative, those who believe that the bible must be taken as read simply can not do so, hence why they have to create their own museums in order to be able to present a biblical accurate version of history - what's extraordinary is that they seem quite pleased with the nonsensical results. Would that these people were our political representatives and were able to create laws for us all, eh?

[Saddle Bronc 124]

Are not Catholic schools in US generally private? And are the Polydors Catholic (which could explain why their son was denied admission)?

Edited September 14, 2010 by Saddle Bronc

[Gary and Alla 3,694]

It is a bad precendent if they win this case. It is a private school, private schools can choose who attends.

[Obama 2012 1,714]

I wouldn't vaccinate my kids either, but this is a damn private school. They can set their own rules.

[momof1 205]

Are not Catholic schools in US generally private? And are the Polydors Catholic (which could explain why their son was denied admission)?

Private schools which recieve federal funds must be title IX compliant. Most private schools do receive federal funds and cannot deny admission based on religious beliefs or lack thereof.

In my city(New Orleans) most people will send their children to parochial schools because the public education is terrible. I attended a co-ed catholic elementary school and an all girls catholic high school. There were many students of different faiths at my school. Catholics in-parish(donating to the church) paid the lowest tuition followed by out-of-parish catholics, non-catholic christians and then finally non-christians.

I know my son's public school in Minnesota allows for a vaccination exemption, but private schools usually aren't so accomodating. BTW both of my sons are vaccinated.

[Atencio 43]

I don't believe Title IX of the ERA will help in the case of vaccinations. I will bet the school wins thus case.

[Saddle Bronc 124]

These parents would be better served to invest in "Home schooling" supplies rather than an attorney.

[momof1 205]

I don't believe Title IX of the ERA will help in the case of vaccinations. I will bet the school wins thus case.

I never said it was. I was replying to the specific quoted post. Admission can be denied bc of vaccinations but not because a student isn't catholic. Religion, sex, and ethnicity are all protected by title IX.

Are not Catholic schools in US generally private? And are the Polydors Catholic (which could explain why their son was denied admission)?

[Atencio 43]

Don't take it personal. I was not addressing anything said other than Title IX as it relates to vaccinations