X. SUMMARY
For the reasons set forth throughout this opinion, the Court hereby
holds that:
1. The Court should not abstain from assuming jurisdiction over the
Sherrs and Levys' actions.
2. The Sherrs and Levys have standing to pursue their respective
actions.
3. Section 2164(9)'s limitation of the availability of a
religiously-based exemption from immunization to "bona fide
members of a recognized religious organization" whose doctrines
oppose such vaccinations violates both the establishment and free
exercise clauses of the First Amendment to the United States
Constitution.
4. The respective beliefs espoused by the Sherrs and Levys as the
bases of their claims of entitlement to religiously-based exemptions
from immunization under § 2164(9) must both be classified as
"religious" in nature for purposes of this litigation.
5. Although the Sherrs genuinely oppose vaccination of Jared Ryan
Sherr, they do not sincerely hold the religious beliefs that they put
forth as the basis for their claim of entitlement to a religious
exemption from immunization under § 2164. The Sherrs, therefore, are
not entitled to the religious exemption that they seek, and their
complaint must be dismissed.
6. The Levys do sincerely hold the religious beliefs that they put
forth as the basis for their claim of entitlement to a religious
exemption from immunization under § 2164(9). The Levys, therefore,
are entitled to the religious exemption from immunization that they
seek. Defendants may not require that Sandra Jasmine Levy be
vaccinated as a condition of attending school.
7. Defendants are enjoined from unconstitutionally applying the
religious exemption that § 2164(9) creates so as to make the
exemption available only to "bona fide members of a recognized
religious organization," but must offer the exemption to all
persons who sincerely hold religious beliefs that prohibit the
inoculation of their children by the state.
8. The Court need not rule at this time upon the Levys' request for
monetary compensation. Plaintiffs shall notify the Court as to whether
they wish to pursue their damages, costs, and attorneys fees claims by
no later than Friday, November 6, 1987.
The Clerk of the Court is to enter judgment accordingly.
SO ORDERED.
