Judge Denies Effort to Halt California's Mandatory Vaccination Law

SAN DIEGO, CA -- A federal judge Friday delivered a major blow to California families looking to start the school year without having to vaccinate their children as mandated by the state’s controversial new vaccine law.

A judge in San Diego denied a request by 17 families and two foundations seeking a preliminary injunction to stop enforcement of Senate Bill 277, which requires all children entering school or child-care facilities to be vaccinated. A challenge to the law is still working its way through the courts.

The ruling means that unvaccinated children who don’t have a medical exemption will have to be home-schooled.

In an 18-page ruling today, U.S. District Judge Dana Sabraw concluded that the plaintiffs failed to show they are entitled to the "extraordinary remedy" of a preliminary injunction.

Last month, the plaintiffs filed a motion alleging SB 277 violates their rights to free exercise, equal protection, due process and education.

The law -- which went into effect July 1 -- eliminated religious and personal beliefs as reasons for parents to opt out of getting their children vaccinated.

In enacting the law, state legislators said the intent was to provide a means for the eventual achievement of total immunization of appropriate age groups against childhood diseases such as diphtheria, hepatitis B, measles, mumps and other diseases.

The law requires all children to be vaccinated before attending public or private schools or day care facilities unless doctors give medical reasons for not doing it.

City News Service contributed to this report. Photo: Shutterstock