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2019 Op. Conn. Att'y Gen. 1 (2019)

handle is hein.sag/sagct0073 and id is 1 raw text is: WILLIAM TONG                                                                     55 Elm Street
ATTORNEY GENERAL                                                                 P.O. Box 120
Hartford, CT 06141-0120
Office of the Attorney General(
State of Connecticut
May 6, 2019
BY HAND AND EMAIL
The Honorable Matthew Ritter
Majority Leader
House of Representatives
State Capitol
Hartford, Connecticut 06106
Dear Majority Leader Ritter:
I am writing in response to your request for a formal legal opinion from
the Office of the Attorney General (the Office) regarding the constitutionality
of eliminating the religious exemption for required immunizations that is set
forth in Conn. Gen. Stat. § 10-204a(a).1
There is no serious or reasonable dispute as to the State's broad authority
to require and regulate immunizations for children: the law is clear that the State
of Connecticut may create, eliminate or suspend the religious exemption in
Section 10-204a(a) in accordance with its well-settled power to protect public
safety and health. The exercise of this authority is fully consistent with the
Constitutions of the United States and the State of Connecticut.
This Office expresses no opinion regarding whether the State should
eliminate the religious exemption in Section 10-204a(a), or any other exemption
from the requirement for a child to be vaccinated as a condition to attending a
school, That is a policy decision entrusted exclusively to the judgment of the
legislature and the Governor.
'Conn. Gen. Stat. § 10-204a(a) provides in relevant part that public and private schools
must require that all children be protected by adequate immunization against various
specific diseases unless the child has a medical exemption pursuant to subsection (2) or
presents a statement from the parents or guardian of such child that the immunizations
would be contrary to the religious beliefs of the child, parents or guardian, pursuant to
subsection (3).

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