Morin v. MGH Institute of Health Professions

15 Mass. L. Rptr. 417
CourtMassachusetts Superior Court
DecidedNovember 1, 2002
DocketNo. 024484F
StatusPublished

This text of 15 Mass. L. Rptr. 417 (Morin v. MGH Institute of Health Professions) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morin v. MGH Institute of Health Professions, 15 Mass. L. Rptr. 417 (Mass. Ct. App. 2002).

Opinion

Lopez, J.

The right of self-determination and individual autonomy has its roots deep in our history. The only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because, in the opinion of others, to do so would be wise, or even right.

Brophy v. New England Sinai Hosp., Inc., 398 Mass. 417, 430 (1986), citing John Stuart Mill on Liberty, in 43 Great Books of the Western World 271 (R. Hutchins ed. 1952) (citations omitted).

BACKGROUND

This is a case of first impression under G.L.c. 76, §15C.1 This statute requires students in a health science program who come in contact with patients to be immunized against various communicable diseases. The court is asked to construe the language of the statute that exempts students from this requirement on the basis of religious beliefs.2,

FACTS

Plaintiff, a speech pathology graduate student at the MGH Institute of Health Professions (the defendant), seeks a preliminary injunction against the defendant prohibiting it from administratively dismissing her because she has refused to be immunized on religious grounds. On either August 1, 2002 or August 13,2002 plaintiff notified the defendant that because of her religious beliefs, she would not submit to being immunized.3 The Director of the Institute responded by letter dated August 29, 2002, claiming that immunization was an essential part of matriculation, failure to be immunized would result in the defendant’s inability to provide the requisite clinical experience, and therefore an incomplete degree. Plaintiff informed the defendant that her TB test would be provided to the school, but the other required immunizations would not be had.4 Plaintiff also offered her willingness to submit to monthly blood tests in order to test for certain diseases. It is only the injection of foreign substances that poses a religious belief problem for the plaintiff. It is evident from her affidavit that her belief does not conflict with taking blood out of her body. Plaintiffs affidavit states the following:

[418]*418My family and I belong to an informal group of persons who believe that one’s body can take care of itself. We hold a religious belief that there is a unifying force in nature, rather than a supreme being, and that as human beings we are intimately connected to that force. We adhere to the conviction that our bodies are part of nature and that we should not put foreign substances into them. We believe this is especially true of immunizations because many of them are actually putting a foreign virus into us. We believe that we should be true to nature and let nature take care of us as it will. I was raised with this religious belief and my entire family subscribes to it. I have never received immunizations in order to attend school.

The only issue before the court is whether the plaintiff has sustained her burden with regard to the preliminary injunction.

LEGAL DISCUSSION

The legal standard for obtaining a preliminary injunction involves a combination of the moving party’s claim of injury and chance of success on the merits. Packaging Indus. Group, Inc. v. Cheney, 380 Mass. 609, 617 (1980). “If the judge is convinced that failure to issue the injunction would subject the moving parly to a substantial risk of irreparable harm, the judge must then balance this risk against any similar risk of irreparable harm which granting the injunction would create for the opposing party.” Id. Only where the balance between these risks cuts in favor of the moving party may a preliminary injunction properly issue. Id,

Irreparable Harm

The court begins first with the irreparable harm issue. The plaintiffs strongest, yet unpersuasive argument is that she is unable to freely exercise her religious beliefs. The United States Supreme Court has held that, “the loss of First Amendment freedoms, even for minimal periods of time, unquestionably constitutes irreparable injury.” Elrod v. Burns, 427 U.S. 347, 373 (1976); Farina v. The Bd. of Educ. of the City of New York, 116 F.Sup.2d 503, 507 (S.D.N.Y. 2000). In order to qualify for First Amendment protection under the free exercise clause, plaintiff must first show that the activity complained of is motivated and rooted in a legitimate and sincerely held religious belief. See Wisconsin v. Yoder, 406 U.S. 205, 215-29 (1972). The plaintiff claims that her refusal to be immunized is based on her religious belief that there is a unifying force in nature, rather than a supreme being, and that the introduction of foreign substances into the human body is contrary to that belief. Morin Aff. 1. The plaintiff has the burden of showing a sincerely held religious belief. Plaintiff has failed to meet her burden. The only evidence provided by the plaintiff supporting her religious belief is that she has never been vaccinated. Plaintiff claims that she was raised believing this. The lack of information about her religion, established or not, calls into question if this belief is truly religious or secular. The opposition to vaccines is not a religious issue per se. Because of the lack of evidence evincing a sincerely held religious belief, plaintiff cannot rely on the First Amendment to ground her irreparable harm argument. See Farina v. The Bd. of Educ. of the City of New York, 116 F.Sup.2d 503.

The plaintiff additionally argues that she will suffer irreparable harm if the injunction is not granted because she will not be able to continue her studies in speech pathology, and she will suffer financially as a result of her federal loans and her one-year lease in Boston. These arguments do not bolster plaintiffs claim for irreparable harm. As the defendant points out, after the case is fully adjudicated, and if plaintiff prevails, she will be able to return to her studies and any monetary losses may be recovered as damages. According to Packaging Industries, “in the context of a preliminary injunction, the only rights which may be irreparably lost are those not capable of vindication by a final judgment.” Packaging Industries Group, Inc. v. Cheney, 380 Mass. at 617 n.ll.

Balancing the Harms

Plaintiff also fails to persuade the court of the second element required for a preliminary injunction, balancing the plaintiffs harm against the harm which would result to the defendant if the injunction were granted. The defendant claims that not only will it be harmed, but also plaintiffs failure to vaccinate will cause a serious harm to the public at large.

The court is primarily concerned with the harm to the public. The defendant has shown, by way of affidavits, that infectious diseases are alive and well in our society. The Measles, Mumps, Rubella vaccination (MMR) prevents the transmission of measles, mumps and rubella. These diseases are all airborne infectious diseases.

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Related

Wisconsin v. Yoder
406 U.S. 205 (Supreme Court, 1972)
Elrod v. Burns
427 U.S. 347 (Supreme Court, 1976)
Packaging Industries Group, Inc. v. Cheney
405 N.E.2d 106 (Massachusetts Supreme Judicial Court, 1980)
Brophy v. New England Sinai Hospital, Inc.
497 N.E.2d 626 (Massachusetts Supreme Judicial Court, 1986)
Town of Brookline v. Goldstein
447 N.E.2d 641 (Massachusetts Supreme Judicial Court, 1983)
Bettigole v. Assessors of Springfield
178 N.E.2d 10 (Massachusetts Supreme Judicial Court, 1961)
Dalli v. Board of Education
267 N.E.2d 219 (Massachusetts Supreme Judicial Court, 1971)

Cite This Page — Counsel Stack

Bluebook (online)
15 Mass. L. Rptr. 417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morin-v-mgh-institute-of-health-professions-masssuperct-2002.