Vaccine Exemptions: More Complicated Than You Thought
A "Vaccine Legal Exemptions" Overview
This article may be shared freely.
I’ve observed with concern over the years that that people of all educational levels misunderstand the complexity of law generally, and that members of our community misunderstand the complexity of legal exemption rights, specifically. “Vaccine Rights” is a topic of great breadth and depth. Below I introduce the breadth with an outline of the dozens of different vaccine exemption categories and subcategories I’ve had the honor of assisting people with over the past two decades. Depth is explored in other articles at vaccinerights.com and vaccinerights.substack.com addressing specific exemption categories such as employment, school, child custody disputes, emergencies, etc.
Each category and subcategory below identifies a situation where different law applies. However, there are legal components that apply generally across many categories and subcategories such as the federal Constitutional “free exercise” of religion supporting religious exemptions in all relevant categories. Therein lies some of the inherent complexity of the arena. While some state school exemptions are as simple as completing a health department form, other situations are more complicated, potentially requiring legal research into some combination of local, state, federal, and/or international laws found in regulations, statutes, constitutions, and/or legal precedent. Furthermore, some exemption situations involve multiple legal issues such as potential restrictions for exempt employees such as face masks, testing, and work activity restrictions, while emergency situations may involve isolation, quarantine, lock downs, and other restrictions on our activities. Finally, some exemption procedures are multi-faceted. My past immigration waiver clients prepared four different categories of documents to submit with their request to the USCIS for a vaccine religious waiver. There is much variation with exemption procedures and issues among the many categories and subcategories.
There are important elements of the exemption arena that are visible only from the overview afforded by having worked in all of the different exemption categories and subcategories listed below; and other elements one learns only from working with individuals in each and all of them. As the only person who’s ever done that, I have unique insights to offer those concerned with the topic, information not available anywhere else. I’m a significantly underutilized aware-community resource in this respect. But I’m available to assist any who may want my assistance, whether with immediate exemption needs or more general educational concerns. Please consider reaching out or referring people to me accordingly. Deaths and disabilities could be prevented.
Alan Phillips, J.D.
Vaccine Rights Legal Expert
U.S. VACCINE LEGAL EXEMPTION CATEGORIES OVERVIEW
© Alan G. Phillips, J.D.
Revised: March 21, 2023
Foreign Enrollee (see also Travel)
Internships and Student Clinical Work
Subcategories of Daycare, School, and College:
FCRAApplies (=> 15 employees)
Employees as defined by FCRA
Non-Employee Trainees/Apprentices under FCRA
RCRA Doesn’t Apply (< 15 employees)
States With an Exemption Law (few if any states presently)
States Without an Exemption Law (most if not all states presently)
ADAApplies (=> 15 employees)
ADA Doesn’t Apply (< 15 employees or non-ADA medical condition)
States With an Exemption Law (about 1/2 dozen states)
States With No State Exemption Law
Navy (includes Marines)
Subsets of all Military Branches:
FCRA per DoDand Branch-Specific Regulations
ADA per DoD and Branch-Specific Regulations
Foreign Adopted Children
VACCINE CHILD CUSTODY DISPUTES
When Divorcing or Divorced
When Non-Married and Separated
Familial Disputes (e.g., grandparents vs. parents)
Dependency Cases (abuse and neglect, state vs. parents)
International (see also Immigration)
States With Applicable Exemption Laws
States With No Applicable Exemption Law
Federal (e.g., on military bases)
Domestic (may be relevant only in declared emergencies)
For Formal Education (e.g., foreign college)
Other (visiting, tourism, recreational)
Subcategories of All International:
Federal Constitutional Rights
(Balanced With Emergency Needs as Determined by Government Health Authorities)
States With Explicit Emergency Exemption Laws (few)
States Without Explicit Emergency Exemption Laws (most)
Outbreak vs. Emergency
(exemption for clinical study participants)
NATIVE AMERICAN RESERVATIONS
(A subcategory of many of the above categories and subcategories)
This outline is illustrative and may not be comprehensive.
Categories and subcategories are determined as to situations where different law applies or may apply with respect to the other listed categories and subcategories.
This outline will be posted at vaccinerights.com and may be revised from time to time.
Federal Civil Rights Act of 1964
Americans With Disabilities Act
Department of Defense
International Health Regulations of the World Health Organization