NJ Bill To Remove Religious Vaccine Exemptions Fails: What's Next

NEW JERSEY – Lawmakers failed to get enough votes on Monday to pass a bill that would have removed religious exemptions from vaccinations.

New Jersey lawmakers, however, said they'll try once again by reintroducing the legislation on Tuesday and attempt to ultimately pass the legislation after failing twice in the past month to get enough support.

Senate Majority Leader Loretta Weinberg, D-Bergen, who sponsored the legislation, said she's disappointed that the legislation failed “as immunization rates drop and outbreaks of preventable disease rise."

"Anyone who has listened to the public health experts, doctors and industry professionals should have been able to see just how dangerous inaction will be, not only for the unvaccinated child, but their fellow students and ultimately, the entire community," she said.

The bill would eliminate religious or "personal beliefs" as a valid exemption to vaccination — a proposal that drew large protests in Trenton in recent months.

The Senate passed amendments by a 17-15 vote on Thursday that placed the bill on what appeared to be the fast track toward approval, with the newly amended legislation allowing non-vaccinated children to go to daycare centers or attend private school.

But Democrats who control Senate weren't able to get the 21 votes needed to pass the bill by early Mondy, dooming the legislation, sources told Patch. Some lawmakers expressed concern that exempting private schools from vaccinations "segregated" poorer families from the wealthy.

The state Assembly passed the vaccine bill last month that would eliminate the exemptions without the amendments, but the legislation stalled in the Senate. Gov. Phil Murphy has been supportive of the legislative efforts, saying the state will pass laws based on "science and facts."

One of the deciding votes that could have boosted the legislation was Republican Sen. Declan O'Scanlon of Monmouth County, who said the amendments aren't a perfect solution "but it's a balance that I think is fair."

On Monday, however, O'Scanlon said the failure of the vaccine bill to pass today "is a case of Democracy working as it should. There was enough opposition to this version of the bill to block it. I applaud the opponents for their tremendous, ultimately successful effort."

“The question now is what happens next. We should all hope that the issue of resurgent, vaccine-preventable diseases will simply go away, as has been predicted by the folks who opposed the bill," he said. " God willing that’s the case. But our experience to date suggests that’s not likely."

O'Scanlon said both sides "should work to bring all sides together to discuss what might be a path forward that can both pass the legislature and ensure we maintain high vaccination rates so as to protect some of the most vulnerable among us, as has been my goal all along."

"I stand ready to participate in that effort,” he said.

The bill passed the Assembly by a 45-25-6 vote in December but the legislation stalled in the Senate after lawmakers were subjected to shouts by opponents of the bill. Read more: NJ Parents Make Final Push To Save Religious Vaccine Exemptions

After measles outbreaks in Rockland County and Brooklyn, New York state removed the religious exemptions to vaccination last year. New Jersey was quick to follow in New York's footsteps, when Senator Joe Vitale, a Democrat from Middlesex County and Weinberg introduced the bill to void religious exemptions last year.

"Though I understand the passion of those opposed, fundamentally, this is not a personal choice and in society it is the duty of healthy members to work together to protect those who cannot protect themselves," Weinberg said.

“While we were not able to get this done today, my colleagues and I are committed to passing this legislation, protecting our children and ensuring safer classrooms in the 2020-2021 session.”

If the bill ultimately passes, parents can still choose to not vaccinate their children, but the kids will not be allowed to attend New Jersey public schools. Currently, parents can claim a religious or personal exemption to having their child vaccinated, and the child can still attend public school.

Hundreds of parents in New Jersey have been protesting what they say is an invasion of their civil rights and liberties.

Jennifer Cerezo, 35, who lives in Bergenfield, is one of the parents who is fighting the bill. While Cerezo said she could not be at the Statehouse last month to protest, she said went to the Statehouse when Vitale's bill was first introduced, and has since been calling her local assemblyman and other elected officials to tell them she is against it.

"Whether you are pro-vax or anti-vax, the decision to vaccinate your child or not is your choice," she told Patch. "This is taking away my Constitutional rights as an American, my right to follow my religion and do what I think is best for my child. Don't take away my rights as a parent."

Vitale and Weinberg, meanwhile, issued the following joint statement after their decision to hold the bill at the December Senate session:

“This bill is vital for the health and safety of the residents of New Jersey, especially our children and we look forward to bringing the bill up for a vote in the near future.

“This legislation is nothing less than an important public safety measure and nothing more than a reasonable and effective way to protect against the spread of infectious diseases. These are vaccines that have been proven to be safe for the children who receive them and effective in protecting the health of others.

“We understand the passion and concern people have around this legislation, and we do not take our advocacy for it lightly. But we shouldn’t let emotion overcome responsible actions we can and should take to protect against infectious and possibly deadly diseases.

The lawmakers say they have a responsibility "to protect the public’s health, especially children who could be exposed to infections. This is about keeping our future generations safe and healthy. Our personal health choices are not made in a vacuum. The decision to refuse vaccinations can have a real and immediate impact on the safety of others."