Brown v. Stone

378 So. 2d 218
CourtMississippi Supreme Court
DecidedDecember 19, 1979
Docket51553
StatusPublished
Cited by15 cases

This text of 378 So. 2d 218 (Brown v. Stone) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Stone, 378 So. 2d 218 (Mich. 1979).

Opinion

378 So.2d 218 (1979)

Charles H. BROWN et al.
v.
Joe A. STONE, Houston Municipal Separate School District, et al.

No. 51553.

Supreme Court of Mississippi.

December 19, 1979.
Rehearing Denied January 9, 1980.

*219 Harry N. Rayburn, Jr., Thad L. Fowler, III, Jackson, for appellants.

Armis E. Hawkins, Houston, for appellees.

Before SMITH, P.J., and WALKER and BROOM, JJ.

SMITH, Presiding Justice, for the Court.

This is an appeal by Charles H. Brown, father and next friend of Chad Allan Brown, a six year old boy, from a decree of the Chancery Court of Chickasaw County sustaining a demurrer filed to his bill which sought an injunction to compel the Board of Trustees of the Houston Municipal Separate School District to admit his son as a student without compliance with the immunization requirements of Mississippi Code Annotated section 41-23-37 (1972 Supp.). This statute provides, (among other things):

Except as provided hereinafter, it shall be unlawful for any child to attend any school, kindergarten or similar type facility intended for the instruction of children (hereinafter called "schools"), either public or private, unless they shall first have been vaccinated against those diseases specified by the State Health Officer.
A certificate of exemption from vaccination for medical reasons may be offered on behalf of a child by a duly licensed physician and may be accepted by the local health officer when, in his opinion, such exemption will not cause undue risk to the community. A certificate of religious exemption may be offered on behalf of a child by an officer of a church of a recognized denomination. This certificate shall certify that parents or guardians of the child are bona fide members of a recognized denomination whose religious teachings require reliance on prayer or spiritual means of healing.

There was filed with the bill the following certificate, signed by a minister of the Church of Christ:

Be it known that the church of Christ as a religious body does not teach against the use of medecines, (sic) immunizations or vaccinations as prescribed by a duly (sic) physician. However, Dr. Charles Brown, our local chiropractor, who is a member of the North Jackson Street *220 Church of Christ in Houston, Mississippi does have strong convictions against the use of any kind of medications and we respect his views.
/s/ Charles E. Bland Charles E. Bland Minister

The bill recited (a) that six-year old Chad Allan Brown was of sufficient age and residence to qualify for admission to the first grade of the Houston Elementary School, but had not been vaccinated against those diseases specified under Senate Bill No. 2650 (Mississippi Code Annotated section 41-23-37, [1972] supra), enacted April 21, 1978, (b) Charles H. Brown, the father, has not permitted his son to be vaccinated because of "strong and sincere religious beliefs actively practiced and followed" by Charles H. Brown, (c) Charles H. Brown is a member of the Church of Christ, a religious body which does not teach against the use of medicines, immunizations or vaccinations prescribed by a physician, (d) Charles H. Brown has sought a religious exemption from vaccination (of his son) but it was denied because the certificate did not comply with Senate Bill No. 2650, (e) Chad Allen Brown was denied admission to the school because of the failure to be immunized under the provisions of Senate Bill No. 2650, (f) Senate Bill No. 2650 and Mississippi Code Annotated section 37-7-301(i) (1972) are invalid "insofar as they force complainants to join a religious organization in order to practice their religious tenants (sic) freely," and the denial of admission of Chad Allan Brown violates complainants' rights protected by the First Amendment to the United States Constitution.

A general demurrer was interposed to the bill and sustained by the chancellor.

Appellants concede that mandatory immunization against dangerous diseases, without exemptions based on religious beliefs or convictions, has been held constitutionally valid as a reasonable exercise of police power. Jacobson v. Commonwealth of Massachusetts, 197 U.S. 11, 25 S.Ct. 358, 49 L.Ed. 643 (1905); Zucht v. King, 260 U.S. 174, 43 S.Ct. 24, 67 L.Ed. 194 (1922). They contend, however, that the provision for religious exemption violates the First Amendment of the United States Constitution protecting the free exercise of religion.

Appellants rely upon a pronouncement of the New York Court in Maier v. Besser, 73 Misc.2d 241, 341 N.Y.S.2d 411 (1972), which involved a suit of a parent on behalf of his children who had been required to leave school because they did not have a certificate of immunization in compliance with the New York Public Health Law, § 2164(8) of which provided:

This section shall not apply to children whose parent, parents, or guardians are bona fide members of a recognized religious organization whose teachings are contrary to the practices herein required, and no certificate shall be required as a prerequisite to such children being admitted or received into school or attending school.

In Maier, a case decided by the Supreme Court of Onondaga County, and which does not appear to have reached the Court of Appeals of New York, the court of last resort of that state, the parent asserted that because of religious beliefs entertained by himself and his children which were "basically similar to those held by Christian Scientists," his children had not been immunized although it was admitted that they were not members of the Christian Scientist Church.

The New York Court (Onondaga County) held that there was no rational basis or legitimate public interest requiring that a person be a member of an organized religious body as distinguished from one whose genuine beliefs qualify him for a religious exemption.

The fundamental and paramount purpose of the Mississippi Legislature in the enactment of Senate Bill No. 2650, Mississippi Code Annotated section 41-23-37 was to afford protection for school children against crippling and deadly diseases by immunization. That this can be done effectively and safely has been incontrovertibly demonstrated over a period of a good many *221 years and is a matter of common knowledge of which this Court takes judicial notice.

If the religious exemption from immunization is to be granted only to members of certain recognized sects or denominations whose doctrines forbid it, and, as contended by appellants, to individuals whose private or personal religious beliefs will not allow them to permit immunization of their children, to this extent the highly desirable and paramount public purpose of the Act, that is, the protection of school children generally comprising the school community, is defeated.

Is it mandated by the First Amendment to the United States Constitution that innocent children, too young to decide for themselves, are to be denied the protection against crippling and death that immunization provides because of a religious belief adhered to by a parent or parents?

In Wisconsin v. Yoder, 406 U.S. 205, 92 S.Ct. 1526, 32 L.Ed.2d 15 (1972), the Court dealt with a mandatory school attendance requirement under a Wisconsin statute.

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378 So. 2d 218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-stone-miss-1979.