California Appellate Tracker

Love v. State Department of Education

January 29, 2019

California’s elimination of the personal belief exemption for immunization requirements for children did not violate the state constitution's protections for the free exercise of religion, due process, privacy, and public education.

Senate Bill 277 repealed the personal belief exemption to California’s immunization requirements for children attending public and private educational and child care facilities. (See Health & Saf. Code, §§ 120335(b) & (g)(3), 120370.) This decision follows Brown v. Smith (2018) 24 Cal.App.5th 1135 in upholding the bill against constitutional attacks based on the state constitution’s protections for the free exercise of religion, due process, privacy, and public education.

California Court of Appeal, Third District (Robie, Acting P.J.); November 20, 2018; 29 Cal. App. 5th 980

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Love v. State Department of Education

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