Religious &(and) Philosophical Exemptions to Mandatory School Vaccinations: Who Should Bear the Costs to Society

This Essay will discuss the impact that recognizing religious and philosophical exemptions to mandatory school vaccinations may have on society, with a particular focus on who should bear the costs of the negative externalities created by widespread use of such exemptions. Part I will discuss the rationale behind mandatory vaccinations and identify the costs associated with religious and philosophical exemptions. Part II will discuss the current state of school vaccination law and explain why society cannot expect legislatures to completely eliminate religious and philosophical exemptions or rely on the judiciary to provide a proper check on the abuse of such exemptions. Part III will then address the issue of who should bear the costs of such exemptions, arguing that state and local governments, and potentially the federal government, should institute measures to ensure that those who elect religious and philosophical exemptions reimburse the rest of society for the negative externalities they have created.