Executive Summary
This report is a brief history of some of the vaccine mandates and exemptions in U.S. states, public schools, and the military from the nation’s founding to the present and some related information.
A mandate is defined as “any mandatory order or requirement under statute, regulation, or by a public agency.”The Free Dictionary, “Mandate,” legal-dictionary.thefreedictionary.com, accessed October 8, 2021, https://legal-dictionary.thefreedictionary.com/mandate A vaccine mandate does not mean that a person will be forced to get a vaccine, but rather that they can be penalized or excluded from certain places for not complying, unless exempted.
Some people qualify under law for medical exemptions, and those who oppose vaccines can sometimes secure religious or personal belief exemptions. Opposition to vaccine mandates has existed as long as the mandates themselves.
Inoculation against diseases in the United States traces back to the founding of the United States: on January 6, 1777, General George Washington ordered the inoculation of troops against smallpox during the Revolutionary War, almost 20 years before the first vaccine was developed in 1796.The word vaccine was coined by the founder of the first vaccine, Edward Jenner, who based it off the Latin word for cow, “vacca,” because cow pox is widely credited as the source of the vaccine. Inoculation is a broader term than vaccination, but the two words are now often used interchangeably.
Massachusetts was the first state to pass a vaccine mandate for smallpox for the general population in 1810. In 1812, the U.S. Army implemented its first vaccine mandate. In the following years, vaccinations were required for certain diseases for all service members depending on their status within the military, with some exemptions considered. In 1855, Massachusetts became the first state to mandate the smallpox vaccine for school children.
In 1905, the U.S. Supreme Court (SCOTUS) upheld the authority of states to enact and enforce vaccination mandates, and in 1922 SCOTUS decided that states have the authority to enforce vaccine mandates for public school enrollment.
All 50 states have had vaccine mandates for K-12 public school students for diseases such as polio, diphtheria, tetanus & pertussis, and measles and rubella since at least 1980, and all 50 states allow for medical exemptions while some also offer religious or personal belief exemptions.
The COVID-19 pandemic has taken over one million lives in the United States.
The FDA granted emergency-use authorization to the first COVID-19 vaccine on December 11, 2020. On August 23, 2021, Pfizer’s Comirnaty became the first COVID-19 vaccine to receive full FDA approval. In an effort to slow the spread of coronavirus the U.S. government then began to issue COVID-19 vaccine mandates for service members, federal workers, federal contractors, health care workers, and private sector companies with more than 100 employees. Some U.S. states and cities have also enacted vaccine mandates.
A CDC report dated September 17, 2021, found that 92% of COVID-19 hospitalizations and 91% of COVID-19 deaths in the U.S. occurred among people who were not fully vaccinated.
As with past vaccine mandates, there has been opposition to the vaccine mandates instituted to fight COVID-19. People cite fears about the safety of the vaccines, religious objections to the cell lines used to develop them, and concerns about infringement on personal freedom.
In November 2021, 10 state attorneys general filed a lawsuit against the Biden administration over the vaccine mandate for staff members at health care facilities that participate in the Medicare and Medicaid programs. Other groups have also filed lawsuits seeking to stop mandates, including more than 60 service members requesting religious exemption from the military’s vaccine requirement.
On January 13, 2022, SCOTUS upheld President Biden’s vaccine requirement for health care facilities that take federal funding by a 5-4 vote, but blocked the vaccine-or-testing mandate for companies with at least 100 employees by a 6-3 vote. Thousands of people gathered in Washington, DC, on January 23, 2022, to protest vaccine mandates.
On January 31, 2022, the FDA approved a second COVID-19 vaccine, Moderna’s Spikevax.
As of February 17, 2022, the U.S. military had granted 15 religious exemptions out of 16,000 requests and federal cases on the matter were pending. In March and April 2022 rulings, SCOTUS allowed the military to reassign Navy SEALs and discipline an Air Force officer, all of whom were unvaccinated against COVID-19 for religious reasons.
On April 7, 2022, the 5th Circuit Court of Appeals reinstated Biden’s vaccine mandate impacting an estimated 3.5 million federal employees, and on October 3, 2022, SCOTUS rejected a challenge to Biden’s vaccine mandate for workers in healthcare facilities that receive federal funds.
A Brief Timeline of Vaccine Mandates
1700s
1. January 6, 1777 – General George Washington’s inoculation mandate
General George Washington, who went on to become the first President of the United States, led the Continental Army during the American Revolutionary War. At the time, diseases such as smallpox were the leading cause of death for his soldiers.Janet A. Aker, “Gen. George Washington Ordered Smallpox Inoculations for All Troops,” health.mil, August 16, 2021, https://www.health.mil/News/Articles/2021/08/16/Gen-George-Washington-Ordered-Smallpox-Inoculations-for-All-Troops According to research published by the Library of Congress, General Washington “wrote to Dr. William Shippen Jr., ordering him to inoculate all of the forces that came through Philadelphia.The first inoculation order was technically not the first vaccination mandate because the first vaccine was not created until 1796, when Edward Jenner used the “less dangerous” cow pox disease to create a smallpox vaccine. Source: Science in the News (SITN), Special Edition On Infectious Disease, “The Fight Over Inoculation During the 1721 Boston Smallpox Epidemic,” sitn.hms.harvard.edu, December 31, 2014, https://sitn.hms.harvard.edu/flash/special-edition-on-infectious-disease/2014/the-fight-over-inoculation-during-the-1721-boston-smallpox-epidemic/ He explained that: ‘Necessity not only authorizes but seems to require the measure, for should the disorder infect the Army … we should have more to dread from it, than from the Sword of the Enemy.’”Amy Lynn Filsinger and Raymond Dwek, “George Washington and the First Mass Military Inoculation,” loc.gov, accessed September 12, 2021 (no longer available from loc.gov, but still available from the Internet Archive as of October 2022, https://web.archive.org/web/20220104004543/http://www.loc.gov:80/rr/scitech/GW&smallpoxinoculation.html); Text of letter, “George Washington Papers, Series 3, Subseries 3B, Varick Transcripts, Letterbook 2,” loc.gov, accessed September 24, 2021, https://tile.loc.gov/storage-services/service/mss/mgw/mgw3b/002/002.pdf
2. 1796 – Edward Jenner develops the first successful vaccine
Dr. Jenner Performing His First Vaccination, 1796. Painted by Ernest Board, circa 1912. Photo credit: Welcome Collection.
English doctor Edward Jenner developed a vaccine that prevented a boy from contracting smallpox in 1796.BBC, “Edward Jenner (1749-1823),” bbc.co.uk, accessed December 14, 2021, https://www.bbc.co.uk/history/historic_figures/jenner_edward.shtml The smallpox vaccine was reportedly made from cow pox, The spelling for cow pox varies by publication. although some researchers speculate that horsepox may have been the original source for the vaccine.Kai Kupferschmidt, “Why the Word ‘Vaccine’ Is Probably All Wrong,” science.org, October 11, 2017, https://www.science.org/content/article/why-word-vaccine-probably-all-wrong Jenner coined the term “vaccine” when his findings were published in 1798, allegedly deriving from the Latin word for cow, “vacca.” Stefan Riedel, MD, PhD, “Edward Jenner and the History of Smallpox and Vaccination,” ncbi.nlm.nih.gov, January 2005, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1200696/
Note: Vaccination refers to the act of putting a vaccine into the body, and immunization is the process of the body becoming protected against a disease.CDC, “Immunization: The Basics,” cdc.gov, September 1, 2021, https://www.cdc.gov/vaccines/vac-gen/imz-basics.htm Inoculation, which introduces a disease into the body to stimulate disease resistance, is a broader term than vaccination and pre-dated the invention of vaccines. In modern times, the terms vaccination, immunization, and inoculation are often used interchangeably.Dictionary.com, “‘Vaccinate’ vs. ‘Inoculate’ vs. ‘Immunize’: What Are The Differences?,” dictionary.com, February 22, 2021, https://www.dictionary.com/e/vaccinate-vs-inoculate-vs-immunize/
1800s
3. March 6, 1810 – Massachusetts, the sixth of the original 13 states to join the union, passes the first state vaccination mandateSamuel Shipley, “List of US States’ Dates of Admission to the Union,” britannica.com, accessed October 9, 2021, https://www.britannica.com/topic/list-of-U-S-states-by-date-of-admission-to-the-Union-2130026
Massachusetts passed the first vaccine mandate in the US, granting local health boards the power to require smallpox vaccination for the general population.Philip J. Smith, PhD, David Wood, MD, MPH, and Paul M. Darden, MD, “Highlights of Historical Events Leading to National Surveillance of Vaccination Coverage in the United States,” ncbi.nlm.nih.gov, 2011, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3113425/ Jess McHugh, “First US Vaccine Mandate in 1809 Launched 200 Years of Court Battles,” washingtonpost.com, December 12, 2021, https://www.stripes.com/theaters/us/2021-12-12/vaccine-mandates-us-court-battles-3943298.html On March 6, 1810, the Massachusetts Senate and House of Representatives passed a law titled, “An act to diffuse the benefits of inoculation for the Cow Pox.”State Library of Massachusetts, “1809 Chap. 0117. An Act to Diffuse the Benefits of Inoculation for the Cow Pox,” archives.lib.state.ma.us, March 6, 1810, https://archives.lib.state.ma.us/handle/2452/107942 Although the Act passed on March 6, 1810, the State Library of Massachusetts archive lists the law under the year 1809, and some sources cite 1809 as the year of the first mandate. The reason for this discrepancy in dates is unclear.
On January 25, 1810, Governor Christopher Gore made a speech to the legislature in favor of vaccinating against smallpox by saying “of the duties which the Representatives of a free people have to perform, none can be more pleasant than that of preserving the lives and health of their fellow- citizens. Experience in the United States … seems to have established a fact, that the Kine Pock [another term for cow pox used for the smallpox vaccine] is a safe, mild, and complete preventive of that loathsome disease, the Small Pox.”Statutes and Stories, “An Act to Encourage Vaccination (1813),” statutesandstories.com, February 17, 2020, https://www.statutesandstories.com/blog_html/an-act-to-encourage-vaccination-1813/ Commonwealth of Massachusetts, “Resolves of the General Court of the Commonwealth of Massachusetts,” babel.hathitrust.org, page 531, accessed October 10, 2021, https://babel.hathitrust.org/cgi/pt?id=hvd.32044011438017&view=1up&seq=531
4. May 1812 – First vaccine mandate for the U.S. Army
The first vaccination mandate for U.S. soldiers has been traced back to May of 1812, when the U.S. Army ordered the smallpox vaccination, the first vaccine, “for all of its soldiers.”Lance P. Steahly, MD, and David W. Cannon, Sr. (eds), The Evolution of Forward Surgery in the US Army, Borden Institute, 2018, page 17, https://medcoeckapwstorprd01.blob.core.usgovcloudapi.net/pfw-images/dbimages/FStoWeb.pdf Mary C. Gillett, The Army Medical Department 1775-1818, Center of Military History, United States Army, 1981, page 14, https://history.army.mil/html/books/030/30-7-1/CMH_Pub_30-7-1.pdf
Note: The military has pursued research, testing and mandatory vaccinations of diseases affecting soldiers from Washington’s smallpox inoculation order up to the COVID-19 pandemic.Todd South, “Humans Now Testing the Army’s Catch-All COVID Vaccine,” armytimes.com, June 22, 2021, https://www.armytimes.com/news/your-army/2021/06/22/humans-are-now-testing-the-armys-new-covid-vaccine/ Since the FDA was not founded until June 30, 1906, and not responsible for vaccine regulation until 1972, the military administered some vaccines that were not FDA approved.FDA, “Milestones in US Food and Drug Law,” fda.gov, accessed October 7, 2021, https://www.fda.gov/about-fda/fda-history/milestones-us-food-and-drug-law
5. May 19, 1855 – Massachusetts enacts “An Act to secure General Vaccination” and includes children and students
Click the image above to see the Act in full.
Massachusetts became the first state to mandate vaccination for the prevention of smallpox transmission in schools when the Massachusetts governor approved “An Act to secure General Vaccination” on May 19, 1855, that states:
“Sect. 1. Parents and guardians of youth shall cause the children under their care to be vaccinated before they attain the age of two years.
Sect. 2. The school committee of the several towns and cities shall not allow any child to be admitted to or connected with the public schools who has not been duly vaccinated.
Sect. 3. … and every parent or guardian of youth who shall not cause his or her child or ward to be vaccinated (the said child or ward being more than two years of age,) shall be liable to a fine of five dollars for each and every year’s neglect.”State Library of Massachusetts, “1855 Chap. 0414. An Act To Secure General Vaccination,” archives.lib.state.ma.us, accessed December 7, 2021, https://archives.lib.state.ma.us/handle/2452/97237
1900s
6. February 20, 1905 – U.S. Supreme Court decides 7-2 in Jacobson v. Massachusetts that states have the authority to pass and enforce vaccine mandates
In 1902, Henning Jacobson was a pastor who claimed he had a bad reaction to a smallpox vaccination as a child in his birth country of Sweden and would not comply with a Board of Health of the city of Cambridge order to get revaccinated during an epidemic or pay a $5 fine ($173 in 2022 dollars).Justice Harlan authored the opinion of the court. Justia.com, “Jacobson v. Massachusetts, 197 US 11 (1905),” justia.com, accessed September 18, 2021, https://supreme.justia.com/cases/federal/us/197/11/ Value of $5 from 1902 to 2022 calculated using the CPI Inflation Calculator from officialdata.org, accessed October 24, 2022
He refused to get vaccinated, was brought to court, convicted, and refused to pay the $5 fine. Jacobson took his case up to SCOTUS, where it was argued on December 6, 1904; he lost and eventually paid the fine.New England Historical Society, “Henning Jacobson Loses His Fight with the Board of Public Health Over Vaccination,” newenglandhistoricalsociety.com, updated 2021,https://www.newenglandhistoricalsociety.com/henning-jacobson-loses-his-freedom-to-the-board-of-public-health Nicholas Mosvick, “On this day, the Supreme Court Rules on Vaccines and Public Health,” constitutioncenter.org, February 20, 2022, https://constitutioncenter.org/blog/on-this-day-the-supreme-court-rules-on-vaccines-and-public-health
Oyez.org wrote of the 7–2 decision: “The Court held that the law was a legitimate exercise of the state’s police power to protect the public health and safety of its citizens. Local boards of health determined when mandatory vaccinations were needed, thus making the requirement neither unreasonable nor arbitrarily imposed.”Oyez.org, Jacobson v. Massachusetts, oyez.org, accessed October 6, 2021, https://www.oyez.org/cases/1900-1940/197us11
6. June 1911 – War Department mandates typhoid vaccine for all troops entering federal service
The vaccine for typhoid fever was mandated next for U.S. soldiers about a dozen years after the vaccine was introduced. When typhoid fever became problematic in the armed forces during the Spanish-American War, “Major Frederick Russell of the U.S. Army Medical School adapted British and German production methods to produce the inactivated, whole-cell, typhoid vaccine supply used by the entire United States,” and voluntary testing among U.S. soldiers began in 1909.Depending on the source, either Richard Pfeiffer, a German physician and bacteriologist, or Almroth Edward Wright, a British pathologist, is credited for creating the typhoid vaccine in 1897. See: John D. Williamson, Keith G. Gould and Kevin Brown, “Richard Pfeiffer’s Typhoid Vaccine and Almroth Wright’s Claim to Priority,” pubmed.ncbi.nlm.nih.gov, April 8, 2021, https://pubmed.ncbi.nlm.nih.gov/33726955/ and National Portrait Gallery, “Sir Almroth Edward Wright,” npg.org.uk, accessed October 7, 2021, https://www.npg.org.uk/collections/search/person/mp04935/sir-almroth-edward-wright John D. Grabenstein, Phillip R. Pittman, John T. Greenwood, and Renata J. M. Engler, “Immunization to Protect the US Armed Forces: Heritage, Current Practice, and Prospects,” academic.oup.com, March 28, 2006, https://academic.oup.com/epirev/article/28/1/3/567796 The first typhoid vaccine mandate for “all troops entering federal service” was ordered in June of 1911 by the War Department.Noel G. Harrison, “Vaccination: A More Effective Way to Prevent Typhoid Fever,” exhibits.hsl.virginia.edu, 2002, http://exhibits.hsl.virginia.edu/typhoid/looking_forward/ Jari Vainio and Felicity Cutts, Yellow Fever, World Health Organization, 1998, https://apps.who.int/iris/bitstream/handle/10665/64455/WHO_EPI_GEN_98.11.pdf?sequence=1&isAllowed=y
8. November 13, 1922 – U.S. Supreme Court decides 8-0 in Zucht v. King that state and local authorities can enforce vaccine requirements for entry into public school
In 1922, the SCOTUS case Zucht v. King upheld vaccination mandates for entry into public schools. A Congressional Research Service report stated that “in Zucht v. King, parents of a child [in Texas] who was excluded from school due to her unvaccinated status challenged the local ordinance requiring vaccination for schoolchildren, arguing that the ordinance violated the Fourteenth Amendment’s Equal Protection and Due Process Clauses.”Wen W. Shen, “State and Federal Authority to Mandate COVID-19 Vaccination,” crsreports.congress.gov, April 2, 2021, https://crsreports.congress.gov/product/pdf/R/R46745/3 The case went to the U.S. Supreme Court where Justice Brandeis delivered the unanimous opinion of the Court:
“Ordinances of the City of San Antonio, Texas, provide that no child or other person shall attend a public school or other place of education without having first presented a certificate of vaccination. Purporting to act under these ordinances, public officials excluded Rosalyn Zucht from a public school because she did not have the required certificate and refused to submit to vaccination. … Long before this suit was instituted, Jacobson v. Massachusetts, 197 US 11, had settled that it is within the police power of a State to provide for compulsory vaccination. That case and others had also settled that a State may, consistently with the Federal Constitution, delegate to a municipality authority to determine under what conditions health regulations shall become operative.”Supreme Court of the United States, “Zucht v. King, 260 US 174, 43 S. Ct. 24, 67 L. Ed. 194 (1922),” loc.gov, 1922, https://tile.loc.gov/storage-services/service/ll/usrep/usrep260/usrep260174/usrep260174.pdf Nicholas Mosvick, “On this day, the Supreme Court Rules on Vaccines and Public Health,” constitutioncenter.org, February 20, 2022, https://constitutioncenter.org/blog/on-this-day-the-supreme-court-rules-on-vaccines-and-public-health
9. January 31, 1944 – U.S. Supreme Court decides 5-4 in Prince v. Massachusetts that the government may restrict parental control over their children
While this case involved a challenge to a Massachusetts child labor law by a Jehovah’s Witness who brought a nine-year-old girl to hand out literature while accepting monetary contributions, it has been cited in vaccine mandate cases.Ross D. Silverman and Thomas May, “Private Choice Versus Public Health: Religion, Morality, and Childhood Vaccination Law,” digitalcommons.law.umaryland.edu, 2001, https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1016&context=rrgc The ruling pointed to laws regarding compulsory vaccination as an example that the rights of parents and children to exercise religion were not absolute.John R. Vile, “Prince v. Massachusetts (1944),” mtsu.edu, 2009, https://www.mtsu.edu/first-amendment/article/280/prince-v-massachusetts
The ruling stated, in part, that a parent “cannot claim freedom from compulsory vaccination for the child more than for himself on religious grounds. The right to practice religion freely does not include liberty to expose the community or the child to communicable disease or the latter to ill health or death.”Jethro K. Lieberman, A Practical Companion to the Constitution: How the Supreme Court Has Ruled on Issues from Abortion to Zoning, University of California Press, 1999 Cornell Law School, Legal Information Institute, “Prince v. Commonwealth of Massachusetts,” law.cornell.edu, January 31, 1944, https://www.law.cornell.edu/supremecourt/text/321/158
10. 1980 – All 50 states have vaccine mandates for K-12 public schools
Following the first mandatory vaccination requirement of public school students in 1855, many states implemented vaccine requirements for students in the early 1900s.Minami Funakoshi, “US State Vaccine Mandates in Schools,” reuters.com, September 15, 2021, https://graphics.reuters.com/HEALTH-CORONAVIRUS/BIDEN/zgpombrajpd/ In 1977, the federal government started a Childhood Immunization Initiative with the goal of getting more children vaccinated against diseases such as diphtheria, measles, and pertussis.Ashley Welch, “Vaccine Mandates in Schools Aren’t New. They’ve Been Used Since 1850,” healthline.com, August 8, 2021, https://www.healthline.com/health-news/vaccine-mandates-in-schools-arent-new-theyve-been-used-since-1850 By 1980, all 50 states required vaccinations for K-12 public schools.Maggie Astor, “Vaccination Mandates Are an American Tradition. So Is the Backlash.” nytimes.com, September 9, 2021, https://www.nytimes.com/2021/09/09/us/politics/vaccine-mandates-history.html
In addition, all 50 U.S. states allow medical exemptions from vaccine requirements, and may have other exemptions for religious or personal beliefs or immunity exemptions, and 36 states have an additional clause that an unvaccinated student may be excluded from attending school in the event of a disease outbreak or epidemic, with some states specifying exclusion for the unvaccinated during a vaccine-preventable disease outbreak.
2000s
11. June 30, 2015 – California eliminates personal belief exemptions from K-12 public school vaccine requirements
Following a rise in measles outbreaks in California, including at Disneyland, state lawmakers passed a bill removing the ability for parents to claim a personal belief exemption to avoid vaccinating their kids attending public schools. Governor Jerry Brown signed the bill on June 30, 2015, leaving only medical exemptions from vaccine requirements.Phil Wilson and Melanie Mason, “California Gov. Jerry Brown Signs New Vaccination Law, One of Nation’s Youghest,” lattices.com, June 30, 2015, https://www.latimes.com/local/political/la-me-ln-governor-signs-tough-new-vaccination-law-20150630-story.html
12. July 28, 2021 – Google becomes the first major tech company to announce vaccine mandates
On July 28, 2021, Google announced that employees returning to its work on-site when its offices reopened would be required to have the COVID-19 vaccine. Facebook and Lyft quickly followed suit.Ben Popken and April Glaser, “Google and Facebook Mandate Vaccines for All Employees Returning to Offices,” nbcnews.com, July 28, 2021, https://www.nbcnews.com/business/business-news/google-mandates-vaccines-all-employees-returning-offices-n1275303
13. August 20, 2021 – San Francisco becomes first city to enforce vaccine mandates for access to restaurants and other indoor establishments
San Francisco becomes first city to require “proof of full vaccination for indoor activities like dining at restaurants, drinking at bars and working out at gyms” starting on August 20, 2021.Nicholas Reimann, “Vax Up Or Stay Home: These Cities Are Mandating Covid Vaccination To Dine In At Restaurants And Other Indoor Fun,” forbes.com, August 12, 2021 https://www.forbes.com/sites/nicholasreimann/2021/08/12/vax-up-or-stay-home-these-cities-are-mandating-covid-vaccination-to-dine-in-at-restaurants-and-other-indoor-fun San Francisco Department of Public Health, “FAQs for COVID-19 Health Order C19-07y,” sfdph.org, accessed October 10, 2021, https://www.sfdph.org/dph/alerts/coronavirus-faq.asp
14. August 23, 2021 – FDA approves the first COVID-19 vaccine
The FDA had granted emergency-use authorization to the Pfizer-BioNTech COVID-19 vaccine on December 11, 2020.U.S. Food and Drug Administration, “FDA Takes Key Action in Fight Against COVID-19 By Issuing Emergency Use Authorization for First COVID-19 Vaccine,” fda.gov, December 11, 2020, https://www.fda.gov/news-events/press-announcements/fda-takes-key-action-fight-against-covid-19-issuing-emergency-use-authorization-first-covid-19 On August 23, 2021, the FDA gave full approval to the vaccine for ages 16 and older. The vaccine was marketed as Comirnaty (koe-mir’-na-tee). According to the FDA, “The result of a person receiving this vaccine is that their immune system will ultimately react defensively to the virus that causes COVID-19. The mRNA in Comirnaty is only present in the body for a short time and is not incorporated into – nor does it alter – an individual’s genetic material.”U.S. Food and Drug Administration, “FDA Approves First COVID-19 Vaccine,” fda.gov, August 23, 2021, https://www.fda.gov/news-events/press-announcements/fda-approves-first-covid-19-vaccine
15. August 24, 2021 – Mandatory vaccination of military service members against COVID-19
On August 24, 2021, the Secretary of Defense directed the mandatory vaccination of service members against COVID-19.Department of Defense, “Mandatory Coronavirus Disease 2019 Vaccination of DoD Civilian Employees,” defense.gov, October 4, 2021, https://www.defense.gov/News/Releases/Release/Article/2799045/mandatory-coronavirus-disease-2019-vaccination-of-dod-civilian-employees/ Mandatory vaccinations required for all servicemembers upon entering initial entry or basic training include adenovirus, hepatitis A & B, influenza, measles/mumps/rubella, meningococcal, poliovirus, tetanus-diphtheria, and varicella (chickenpox), (as of August 6, 2021). Other vaccines are mandated based on deployment. See: Bryce H. P. Mendez, Analyst in Defense Health Care Policy, “Defense Health Primer: Military Vaccinations,” fas.org, August 6, 2021, https://sgp.fas.org/crs/natsec/IF11816.pdf Pentagon spokesman John Kirby said some service members will be exempt due to medical concerns and “some can apply for a religious accommodation.”Patricia Kime, “US Troops Go to Court Seeking Vaccine Exemption for Those Who’ve Had COVID-19,” military.com, September 29, 2021 , https://www.military.com/daily-news/2021/09/29/us-troops-go-court-seeking-vaccine-exemption-those-whove-had-covid-19.html
16. September 9, 2021 – Biden issues “Executive Order on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees”
Remarks by President Biden on Fighting the COVID-19 Pandemic, September 2021. Photo credit: The Whitehouse.
On September 9, 2021, Biden issued the “Executive Order on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees” requiring mandatory COVID-19 vaccinations for federal employees as defined in the order, noting that “the best way to slow the spread of COVID-19 and to prevent infection by the Delta variant or other variants is to be vaccinated.”Joe Biden via The White House Briefing Room, “Executive Order on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees,” whitehouse.gov, September 9, 2021 ,https://www.whitehouse.gov/briefing-room/presidential-actions/2021/09/09/executive-order-on-requiring-coronavirus-disease-2019-vaccination-for-federal-employees/
17. September 9, 2021 – Biden gives a speech on his plan to have businesses with 100-plus employees require proof of vaccination or regular testing
In an effort to have more Americans vaccinated, President Joe Biden, in a speech on September 9, 2021, announced a COVID-19 action plan with six points, including working with the Labor Department’s Occupational Safety and Health Administration (OSHA) on requiring businesses with 100-plus employees to ensure the workforce is vaccinated or having regular testing.Joe Biden via The White House Briefing Room, “Remarks by President Biden on Fighting the COVID-19 Pandemic,” whitehouse.gov, September 9, 2021, https://www.whitehouse.gov/briefing-room/speeches-remarks/2021/09/09/remarks-by-president-biden-on-fighting-the-covid-19-pandemic-3/ Although we use the term vaccination throughout this paper, others use the term immunization and some use vaccination and immunization interchangeably.
18. September 17, 2021 – CDC says unvaccinated account for over 90% of COVID-19 hospitalizations and deaths
A CDC report released September 17, 2021, found that 92% of COVID-19 hospitalizations and 91% of COVID-19 deaths in the U.S. occurred among people who were not fully vaccinated.Heather M. Scobie, et al., “Monitoring Incidence of COVID-19 Cases, Hospitalizations, and Deaths, by Vaccination Status — 13 US Jurisdictions, April 4–July 17, 2021,” cdc.gov, September 17 , 2021, https://www.cdc.gov/mmwr/volumes/70/wr/mm7037e1.htm Dr. Rochelle Walensky, Director of the CDC, said the data gathered during the Delta variant showed that unvaccinated people were “about four and a half times more likely to get COVID-19, over 10 times more likely to be hospitalized, and 11 times more likely to die from the disease.”Rochelle Walensky via The Whitehouse Briefing Room, “Press Briefing by White House COVID-19 Response Team and Public Health Officials,” whitehouse.gov, September 10, 2021, https://www.whitehouse.gov/briefing-room/press-briefings/2021/09/10/press-briefing-by-white-house-covid-19-response-team-and-public-health-officials-55/
19. October 1, 2021 – California becomes the first state to mandate the COVID-19 vaccine for schools
In a press release on October 1, 2021, Governor Gavin Newsom “announced plans to add the COVID- 19 vaccine to the list of vaccinations required to attend school in-person when the vaccine receives full approval from the Food and Drug Administration (FDA) for middle and high school grades, making California the first state in the nation to announce such a measure. Following the other first-in-the-nation school masking and staff vaccination measures, Governor Newsom announced the COVID-19 vaccine will be required for in-person school attendance—just like vaccines for measles, mumps, rubella and more.” Office of Governor Gavin Newsom, “California Becomes First State in Nation to Announce COVID-19 Vaccine Requirements for Schools,” ca.gov, October 1, 2021 , https://www.gov.ca.gov/2021/10/01/california-becomes-first-state-in-nation-to-announce-covid-19-vaccine-requirements-for-schools/
20. October 29, 2021 – U.S. Supreme Court declines 6-3 in John Does 1–3, et al. v. Janet T. Mills, Governor of Maine, et al., to block Maine’s vaccine mandate for health care workers
SCOTUS denied an emergency request to block Maine’s COVID-19 vaccine mandate for health care workers who wanted to claim religious exemptions.Shawna Chen, “Supreme Court Declines to Block Enforcement of Maine’s Vaccine Mandate for Health Workers,” axios.com, October 29, 2021 , https://www.axios.com/2021/10/29/supreme-court-covid-vaccine-mandate-maine
The state had previously allowed some religious exemptions from vaccine requirements, but in 2019 did away with all non-medical exemptions.Pete Williams, “Supreme Court Declines to Block Vaccine Mandate for Health Workers in Maine,” nbcnews.com, October 29, 2021, , https://www.nbcnews.com/politics/supreme-court/supreme-court-declines-block-vaccine-mandate-health-workers-maine-n1282757
21. November 4, 2021 – Biden Administration issues emergency regulation requiring that staff at health care facilities participating in the Medicare and Medicaid programs get the COVID-19 vaccine
The Centers for Medicare & Medicaid Services announced that staff at health care facilities that receive Medicare and Medicaid funds must be fully vaccinated against coronavirus by January 4, 2022, a requirement that could apply to more than 17 million health care workers across the United States.Centers for Medicare & Medicaid Services, “Biden-Harris Administration Issues Emergency Regulation Requiring COVID-19 Vaccination for Health Care Workers,” cms.gov, November 4, 2021, https://www.cms.gov/newsroom/press-releases/biden-harris-administration-issues-emergency-regulation-requiring-covid-19-vaccination-health-care
22. December 6, 2021 – New York City becomes the first city to announce private sector vaccine mandates and expands indoor vaccine mandate program to include children aged 5-11
New York City’s “Key to NYC” Covid-19 vaccine mandate for indoor dining, gyms, and entertainment venues took effect on September 13, 2021, requiring proof of at least one vaccine dose for everyone age 12 and older.Bill de Blasio, “Emergency Executive Order No. 226,” www1.nyc.gov, August 20, 2021, https://www1.nyc.gov/assets/home/downloads/pdf/executive-orders/2021/eeo-226.pdf On December 14, 2021, the order expanded to cover kids between 5 and 11 years old. Mayor Bill de Blasio also announced on December 6, 2021, that two vaccine doses will be required for everyone 12 and older starting December 27, 2021.The Official Website of the City of New York, “Mayor de Blasio Announces Vaccine Mandate for Private Sector Workers, and Major Expansions to Nation-Leading ‘Key to NYC’ Program,” www1.nyc.gov, December 6, 2021,https://www1.nyc.gov/office-of-the-mayor/news/807-21/mayor-de-blasio-vaccine-mandate-private-sector-workers-major-expansions-to New York City, Counsel to the Mayor, “Frequently Asked Questions – Key to NYC: Requiring COVID-19 Vaccination for Indoor Entertainment, Recreation, Dining and Fitness Settings,” nyc.gov, December 20, 2021, https://www1.nyc.gov/assets/counseltothemayor/downloads/Key-to-NYC-FAQ.pdf
Also announced to begin on December 27, 2021 is a “first-in-the-nation” vaccine mandate for all private sector workers in the city.The Official Website of the City of New York, “Mayor de Blasio Announces Vaccine Mandate for Private Sector Workers, and Major Expansions to Nation-Leading ‘Key to NYC’ Program,” www1.nyc.gov, December 6, 2021, https://www1.nyc.gov/office-of-the-mayor/news/807-21/mayor-de-blasio-vaccine-mandate-private-sector-workers-major-expansions-to
23. December 13, 2021 – U.S. Supreme Court declines 6-3 in Dr. A, et al., Applicants v. Kathy Hochul, Governor of New York, et al. to block New York’s COVID-19 vaccine mandate for health care workers.Rachel Scharf, “High Court Won’t Block NY Health Care Worker Vax Mandate,” law360.com, December 13, 2021, https://www.law360.com/articles/1448334/high-court-won-t-block-ny-health-care-worker-vax-mandate
SCOTUS refused to block New York state’s vaccine mandate for health care workers who claim religious objections in a 6-3 decision.
Justice Gorsuch wrote a dissent in support of the vaccine mandate challengers “because their religion teaches them to oppose abortion in any form, and because each of the currently available vaccines has depended upon abortion-derived fetal cell lines in its production or testing.”Adam Liptak, Supreme Court Allows Vaccine Mandate for New York Health Care Workers,” nytimes.com, December 13, 2021 , https://www.nytimes.com/2021/12/13/us/politics/supreme-court-vaccine-mandate-new-york-healthcare.html
New York Attorney General Letitia James stated that there are no aborted fetal cells in the vaccines, and that the fetal cell lines used for vaccine testing were grown in a lab and “are thousands of generations removed from cells collected from a fetus in 1973.”Ariane de Vogue, “Supreme Court Declines to Block New York Vaccine Mandate,” cnn.com, December 13, 2021, https://www.cnn.com/2021/12/13/politics/supreme-court-new-york-vaccine-mandate/index.html
SCOTUS previously denied requests for emergency relief without referral to the full court for cases involving vaccine mandates for students at Indiana University (August 2021), for employees in New York City public schools (October 2021), and for hospital workers in Massachusetts (November 2021).Adam Liptak, “Supreme Court Allows Vaccine Mandate for New York Health Care Workers,” nytimes.com, December 13, 2021 , https://www.nytimes.com/2021/12/13/us/politics/supreme-court-vaccine-mandate-new-york-healthcare.html
COVID-19 vaccine and record card. Photo credit: Justinite / Pixabay
24. January 7, 2022 – U.S. Supreme Court holds a special hearing on vaccine mandates
On January 7, 2022, SCOTUS began to hear oral arguments related to two of Biden’s vaccine mandates: a requirement for workers at companies with more than 100 employees to be fully vaccinated or get tested weekly, and a requirement for health care workers at facilities receiving federal funding to be vaccinated against coronavirus.Adam Liptak, “Supreme Court to Hold Special Hearing on Biden Vaccine Mandates,” nytimes.com, December 22, 2021, , https://www.nytimes.com/2021/12/22/us/politics/osha-vaccine-mandate-supreme-court.html
25. January 13, 2022 – U.S. Supreme Court blocks vaccine mandate for large companies but upholds mandate for health care facilities
On January 13, 2022, SCOTUS issued two rulings on vaccine mandates. In the case National Federation of Independent Business v. Department of Labor, SCOTUS voted 6-3 to block the Biden administration’s requirement that workers at companies with 100 or more employees be vaccinated or tested weekly. The mandate would have applied to over 80 million U.S. workers. In the case Biden v. Missouri, SCOTUS voted 5-4 to allow the vaccine mandate for employees of health care facilities that receive federal funding to take effect. The mandate applies to an estimated 10.3 million health care workers.Lawrence Hurley and Andrew Chung, “US Supreme Court Blocks Biden Vaccine-or-Test Policy for Large Businesses,” reuters.com, January 13, 2022, https://www.reuters.com/world/us/us-supreme-court-blocks-biden-vaccine-or-test-policy-large-businesses-2022-01-13/
26. January 31, 2022 – FDA approves a second COVID-19 vaccine for people age 18 and older
On January 31, 2022, the FDA approved a second COVID-19 vaccine, manufactured by Moderna, which began marketing under the name Spikevax. As with the approval Pfizer’s Comirnaty, the FDA stated that it conducted a “rigorous evaluation” of the potential for side effects of myocarditis and pericarditis, noting an increased risk seven days following the second dose for men ages 18-24. Most people’s symptoms resolved, but some required intensive care. The FDA “determined that the benefits of the vaccine outweigh the risk of myocarditis and pericarditis in individuals 18 years of age and older.”US Food and Drug Administration, “Coronavirus (COVID-19) Update: FDA Takes Key Action by Approving Second COVID-19 Vaccine,” fda.gov, January 31, 2022, https://www.fda.gov/news-events/press-announcements/coronavirus-covid-19-update-fda-takes-key-action-approving-second-covid-19-vaccine
27. February 2, 2022 – Army announces plans to discharge service members who have not gotten the COVID-19 vaccine
On February 2, 2022, the U.S. Army said that soldiers who refuse to be vaccinated against COVID-19 and have not received a waiver will be discharged from service. At that point, an estimated 96% of active troops had gotten vaccinated; among the rest, 5,900 had temporary exemptions and 3,350 soldiers refused to be vaccinated.Avie Schneider, “US Army Begins to Discharge Soldiers Who Refuse COVID-19 Vaccination,” npr.org, February 2, 2022, https://www.npr.org/2022/02/02/1077625142/u-s-army-covid-vaccination
Federal judges in various cases about religious exemptions soon issued rulings to stop some firings while lawsuits were in progress.Steve West, “Challenges to Military Vaccine Mandates Mount,” wng.org, February 22, 2022, https://wng.org/roundups/challenges-to-military-vaccine-mandates-mounting-1645566060
28. February 17, 2022 – Fifteen religious exemptions have been granted across all branches of the military
Six Marines and nine members of the Air Force had been granted exemptions from the COVID-19 vaccine mandate, while the Army and Navy had not granted any religious exemptions, out of an estimated 16,000 religious waiver requests.Oren Liebermann and Ellie Kaufman, “US Military Has Approved Religious Exemptions to Vaccine Mandate for 15 Service Members Out of 16,000 Requests,” cnn.com, February 17, 2022 , https://www.cnn.com/2022/02/17/politics/us-military-religious-exemptions-covid-vaccine/index.html Rachel S. Cohen, “Air Force Approves First Religious Exemptions to COVID-19 Vaccine for 9 Troops,” airforcetimes.com, February 8, 2022, https://www.airforcetimes.com/news/your-air-force/2022/02/08/air-force-approves-first-religious-exemptions-to-covid-19-vaccine-for-9-troops/
The Air Force reported 1,500 medical exemptions and an estimated 2,300 administrative exemptions for service members who are leaving the military soon.Meghan Myers, “Could Florida Case Strike Down the Military’s Vaccination Mandate?,” tampabay.com, February 18, 2022, https://www.tampabay.com/news/florida-politics/2022/02/18/could-florida-case-strike-down-the-militarys-vaccination-mandate/
The Navy granted 252 temporary and 11 permanent medical exemptions, and 500 administrative exemptions.Meghan Myers, “Could Florida Case Strike Down the Military’s Vaccination Mandate?,” tampabay.com, February 18, 2022, https://www.tampabay.com/news/florida-politics/2022/02/18/could-florida-case-strike-down-the-militarys-vaccination-mandate/
The Marine Corps granted an estimated 400 administrative exemptions and 250 medical exemptions.Meghan Myers, “Could Florida Case Strike Down the Military’s Vaccination Mandate?,” tampabay.com, February 18, 2022, https://www.tampabay.com/news/florida-politics/2022/02/18/could-florida-case-strike-down-the-militarys-vaccination-mandate/
Sailors assigned to the USS New Orleans receive COVID vaccines. Photo credit: U.S. Indo-Pacific Command / Flickr
29. February 22, 2022 – U.S. Supreme Court rejects a challenge to Maine’s health care worker COVID-19 vaccine mandate
On February 22, 2022, SCOTUS denied a petition to review lower court rulings that upheld Maine’s health care worker COVID-19 vaccine mandate that only allows for medical exemptions (vote count unknown). The court rejected an emergency request from the same plaintiffs, a group of Maine health care workers who want the state to include religious exemptions, in November 2021 by a 6-3 vote.Greg Stohr, “US Supreme Court Spurns Bid for Religious Opt-Out From Vaccine Rule,” bloomberg.com, February 22, 2022, https://www.bloomberg.com/news/articles/2022-02-22/supreme-court-spurns-bid-for-religious-opt-out-from-vaccine-rule
30. February 23, 2022 – Google lifts COVID-19 vaccine mandate for employees
On February 23, 2022, Google, which had been among the first companies to announce a vaccine mandate for its workers, reversed the policy as it prepared to reopen offices. Workers who are not vaccinated will be required to wear masks and submit negative COVID-19 tests regularly in order to return to the office.Dade Hayes, “Google Lifts Covid Vaccine Mandate, Restores Perks For Workers Returning To Office,” deadline.com, February 24, 2022, https://deadline.com/2022/02/google-lifts-covid-vaccine-mandate-restores-perks-workers-return-to-office-1234959435/
31. March 25, 2022 – U.S. Supreme Court Grants Partial Stay Allowing Pentagon to Consider Vaccination Status in Operational Decisions
On March 25, 2022, SCOTUS issued a temporary block of a federal trial court order in Austin v. US Navy SEALs. The 6-3 ruling allowed the military to factor in the COVID-19 vaccination status of Navy SEALs when making deployment decisions, including reassigning unvaccinated SEALs. Justice Alito and Justice Gorsuch dissented, and Justice Thomas, who was in the hospital until the day of the ruling, noted that he would dissent. The Navy SEALs argued that the military COVID-19 vaccine mandate disregarded their religious beliefs.Amy Howe, “Court Allows Department of Defense to Reassign Unvaccinated Navy SEALs,” scotusblog.com, March 25, 2022, https://www.scotusblog.com/2022/03/court-allows-department-of-defense-to-reassign-unvaccinated-navy-seals/
32. April 7, 2022 – 5th Circuit Court of Appeals reinstates federal employee vaccine mandate
On April 7, 2022, the 5th Circuit Court of Appeals reinstated Biden’s mandate that federal workers must get the COVID-19 vaccine or seek a religious or medical exemption. A federal judge in a Texas district court issued a nationwide injunction in January preventing the government from enforcing the mandate, which applies to an estimated 3.5 million people. The appeals court vacated the injunction and ordered the lower court to dismiss the case.Eric Katz, “Appeals Court Reinstates Biden’s Vaccine Mandate for Federal Employees,” govexec.com, April 7, 2022, https://www.govexec.com/workforce/2022/04/appeals-court-reinstates-bidens-vaccine-mandate-federal-employees/365413/ Nick Niedzwiadek, “Biden Administration Makes Case to Save Vaccination Mandate for Federal Employees,” politico.com, March 8, 2022, https://www.politico.com/news/2022/03/08/biden-administration-vaccination-mandate-federal-employees-00015181
33. April 18, 2022 – U.S. Supreme Court allows Defense Department to discipline unvaccinated Air Force officer
On April 18, 2022, the SCOTUS denied an application for an injunction pending appeal by a 6-3 vote. The two-sentence ruling in Dunn v. Austin, et. al. noted that Justice Thomas, Justice Alito, and Justice Gorsuch would have granted the injunction. The case was filed by Jonathan Dunn, an air force lieutenant colonel, chose not to get the COVID-19 vaccine based on religious grounds. Dunn asked the Supreme Court for an injunction against disciplinary action against him while his litigation made its way through the lower courts.Amy Howe, “With Three Conservatives Dissenting, Court Declines to Intervene on Behalf of Air Force Officer Who Won’t Get Vaccinated,” scotusblog.com, April 18, 2022, https://www.scotusblog.com/2022/04/with-three-conservatives-dissenting-court-declines-to-intervene-on-behalf-of-air-force-officer-who-wont-get-vaccinated/
Dunn had previously gotten other required vaccines. He responded to a denial of his COVID-19 vaccine exemption request by sending a memo to a major general that just read, “NUTS!” (interpreted as “go to hell,” according to a government representative). The Air Force removed Dunn from command, citing Dunn’s memo as justification independent of his vaccine refusal.Lauren Aratani, “US Supreme Court Rules Against Air Force Officer Who Refused COVID Vaccine,” theguardian.com, April 19, 2022, https://www.theguardian.com/law/2022/apr/19/us-supreme-court-air-force-officer-covid-vaccine
34. April 21, 2022 – Analysis estimates that vaccines could have prevented 234,000 COVID-19 deaths
A Kaiser Family Foundation analysis released on April 21, 2022, estimated that 234,000 COVID-19 deaths since June 2021 could have been prevented by vaccination. June 2021 is the date by which researchers thought all U.S. adults could have received primary vaccination (two shots of Moderna or Pfizer/one shot of Johnson & Johnson). Since then, 60% of all adult COVID-19 deaths in the United States were vaccine preventable. While the study did not include booster shot data, the authors noted that boosters would have prevented even more deaths of both vaccinated and unvaccinated people.Krutika Amin, et al., “COVID-19 Mortality Preventable by Vaccines,” healthsystemtracker.org, April 21, 2022, https://www.healthsystemtracker.org/brief/covid19-and-other-leading-causes-of-death-in-the-us/
35. June 30, 2022 – U.S. Supreme Court rejects a challenge to New York’s health care worker COVID-19 vaccine mandate for the second time
On June 30, 2022, SCOTUS denied a writ certiorari in the case of Dr. A. v. Hochul, leaving in place New York’s vaccine mandate for health care workers that does not contain a right to religious exemption. Justices Clarence Thomas, Neil M. Gorsuch and Samuel A. Alito Jr dissented.SCOTUS Blog, “Dr. A. v. Hochel,” scotusblog.com, accessed October 24, 2022, https://www.scotusblog.com/case-files/cases/dr-a-v-hochul-2/ Ann E. Marimow and Robert Barnes, “Supreme Court Lets Vaccine Mandate Stand, Tosses Rulings on Guns, Abortion,” washingtonpost.com, June 30, 2022, https://www.washingtonpost.com/politics/2022/06/30/supreme-court-vaccine-mandate-religious-exemption/
36. August 18, 2022 – U.S. District Court in Florida grants class-wide preliminary injunction on behalf of members of the Marine Corps who were declined religious exemptions from the COVID-19 Vaccine Mandate
On August 18, 2022, United States District Judge Steven D. Merryday, ruling in Colonel Financial Management Officer, et al., v. Lloyd Austin, Secretary of Defense, et al., granted a class-wide preliminary injunction in favor of members of the United States Marine Corps who were refused religious exemption under the military’s COVID-19 vaccine mandate. Under the preliminary injunction, the defendants are prohibited from “(1) … enforcing against a member of the class any order, requirement, or rule to accept COVID-19 vaccination, (2) from separating or discharging from the Marine Corps a member of the class who declines COVID-19 vaccination, and (3) from retaliating against a member of the class for the member’s asserting statutory rights under RFRA [Religious Freedom Restoration Act].”United States District Court for the Middle District of Florida, Tampa Division, “Colonel Financial Management Officer, et al., v. Lloyd Austin, Secretary of Defense, et al., – Case No. 8:22-cv-01275-SDM-TGW,” lc.org, August 18, 2022, https://lc.org/081922MarineOrderGrantingClassandGrantingClasswidePI.pdf
On September 14, 2022, the Marine Corps released interim guidance in response to this injunction, stating that, “the Marine Corps will not enforce any order to accept COVID-19 vaccination, administratively separate, or retaliate against Marines in the class for asserting statutory rights under the Religious Freedom Restoration Act (RFRA).”Marines, “MARAADMINS 464/22: Interim Guidance Regarding Marines Requesting Religious Accommodation from COVID-19 Vaccination Requirements,” marines.mil, September 14, 2022, https://www.marines.mil/News/Messages/Messages-Display/Article/3157581/interim-guidance-regarding-marines-requesting-religious-accommodation-from-covi/
A similar class-action lawsuit is currently in progress for members of the United States Air Force.Rachel S. Cohen, “Court Blocks Air Force From Punishing Unvaccinated Troops Seeking Religious Waivers,” airforcetimes.com, August 1, 2022, https://www.airforcetimes.com/news/your-air-force/2022/08/01/court-blocks-air-force-from-punishing-unvaccinated-troops-seeking-religious-waivers/ and Thomas Gnau, “Air Force Loses Appeal in Federal Vaccine Exemption Lawsuit,” daytondailynews.com, September 13, 2022, https://www.daytondailynews.com/local/air-force-loses-appeal-in-federal-vaccine-exemption-lawsuit/7UIP767FL5C4JEZM2Q7WGQCPQE/
37. August 28, 2022 – CDC statistics show that in August 2022, unvaccinated Americans had a six times greater risk of dying of COVID-19 than their vaccinated counterpartsCenters for Disease Control and Prevention, “Rates of COVID-19 Cases and Deaths by Vaccination Status,” cdc.com, accessed November 7, 2022, https://covid.cdc.gov/covid-data-tracker/#rates-by-vaccine-status
38. September 20, 2022 – New York City announces scheduled lifting of vaccine mandate for private sector employees
On September 20, 2022, New York City, the last jurisdiction that maintains an all-encompassing vaccine mandate for the private sector, announced that from November 1, 2022, private employers "will be able to make their own decisions on whether to require their employees to be vaccinated against COVID-19."Richard I. Greenberg, et al., "No More COVID-19 Vaccine Mandate for New York City’s Private Sector," jacksonlewis.com, September 21, 2022, https://www.jacksonlewis.com/publication/no-more-covid-19-vaccine-mandate-new-york-city-s-private-sector The public sector mandate remains in place.
39. October 3, 2022 – SCOTUS rejects challenge to President Biden's vaccine mandate for workers in healthcare facilities that receive federal funds
On October 3, 2022, the Supreme Court denied a petition for certiorari in the case of Missouri v. Biden, leaving in place a vaccine mandate for workers in most federally funded healthcare facilities.SCOTUS Blog, "Missouri v. Biden," scotusblog.com, accessed October 24, 2022, https://www.scotusblog.com/case-files/cases/missouri-v-biden/
40. May 1, 2023 – Biden-Harris Administration announces scheduled lifting of vaccine mandate for Federal employees, Federal contractors and international air travelers
On May 1, 2023, the Biden-Harris Administration announced that, "the Administration will end the COVID-19 vaccine requirements for Federal employees, Federal contractors, and international air travelers at the end of the day on May 11 [2023], the same day that the COVID-19 public health emergency ends. Additionally, HHS and DHS announced today that they will start the process to end their vaccination requirements for Head Start educators, CMS-certified healthcare facilities, and certain noncitizens at the land border."The Whitehouse Briefing Room, "The Biden-Harris Administration Will End COVID-19 Vaccination Requirements for Federal Employees, Contractors, International Travelers, Head Start Educators, and CMS-Certified Facilities," whitehouse.gov, May 1, 2023, https://www.whitehouse.gov/briefing-room/statements-releases/2023/05/01/the-biden-administration-will-end-covid-19-vaccination-requirements-for-federal-employees-contractors-international-travelers-head-start-educators-and-cms-certified-facilities/
Challenges to government and private vaccine mandates are ongoing. The information in this report is intended to give a brief overview and may not be updated after the publication date.
Historical and Current Opposition to Vaccine Mandates
Historical Opposition to Vaccine Mandates
There has been opposition to vaccine mandates since around the time the first mandate was introduced. During the time Gen. Washington made his inoculation mandate, Virginia and other areas either banned or regulated inoculation because improper quarantine procedures could cause an outbreak.Mount Vernon Ladies' Association of the Union, “Disease in the Revolutionary War,” mountvernon.org, accessed October 9, 2021, https://www.mountvernon.org/library/digitalhistory/digital-encyclopedia/article/disease-in-the-revolutionary-war/ Army Heritage Center Foundation, “A Deadly Scourge: Smallpox During the Revolutionary War,” armyheritage.org, accessed October 9, 2021, https://www.armyheritage.org/soldier-stories-information/a-deadly-scourge-smallpox-during-the-revolutionary-war/
- In the 1870s, according to Martin Kaufman in “The American Anti-Vaccinationists and Their Arguments,” when smallpox was a rising concern again, “anti-vaccinationists” stoked fears about the vaccine and were successful in lobbying several states to repeal their “compulsory vaccination” laws.Martin Kaufman, “The American Anti-Vaccinationists and Their Arguments,” in Bulletin of the History of Medicine, Vol. 41, No. 5, The Johns Hopkins University Press, September-October 1967, pages 463-478, https://www.jstor.org/stable/i40186975 According to the same article, the New England Anti-Compulsory Vaccination League was founded in 1882 and others followed.
- Opposition to a 1902 vaccination order issued in Cambridge, Massachusetts, led to the U.S. Supreme Court decision in Jacobson v. Massachusetts on February 20, 1905, upholding the legal authority and enforcement of state and local vaccine mandates and orders.
- On November 13, 1922, the U.S. Supreme Court decided in Zucht v. King that state and local authorities can enforce vaccine requirements for entry into public school after a case was brought opposing a Texas school vaccine mandate.
- The 1965 case, United States v. Chadwell, was brought before the Navy Board of Review court (now the Navy-Marine Corps Court of Criminal Appeals) when two marines declined the smallpox, typhoid, paratyphoid, and influenza vaccines because of their religious beliefs. The court ruled that the “military could order servicemembers to receive vaccinations, even over religious objection.”Congressional Research Service, “Mandatory Vaccinations: Precedent and Current Laws,” everycrsreport.com, January 18, 2005 to May 21, 2014, https://www.everycrsreport.com/reports/RS21414.htm U.S. Navy Judge Advocate General's Corps, “In The US Navy-Marine Corps Court of Criminal Appeals Washington Navy Yard Washington, DC, Before Charles Wm. Dorman, C. L. Carver, D. A. Wagner, United States v. Jared G. Schwartz," jag.navy.mil, May 20, 2005, https://www.jag.navy.mil/courts/documents/archive/2005/200101043.PUB.pdf
- On May 18, 1998, U.S. Department of Defense Secretary William S. Cohen mandated the anthrax vaccine for the entire U.S. military after first reviewing the vaccine for safety and other standards for two years.Randall D. Katz, “Friendly Fire: The Mandatory Military Anthrax Vaccination Program,” Duke Law Journal, Vol. 50, No. 6, April 2001, https://www.jstor.org/stable/1373049?origin=crossref Hundreds of soldiers opposed the vaccine and penalties ranged from loss of rank to loss of their military career.Todd South, “Troops Who Refused Anthrax Vaccine Paid a High Price,” militarytimes.com, June 17, 2021, https://www.militarytimes.com/news/pentagon-congress/2021/06/17/troops-who-refused-anthrax-vaccine-paid-a-high-price/ In 2003 a lawsuit questioning FDA approval halted the mandate, it was started again, then another court stopped the mandate again in 2004.Julie Watson, “Potential Military Vaccine Mandate Brings Distrust, Support,” apnews.com. August 6, 2021, https://apnews.com/article/joe-biden-business-health-coronavirus-pandemic-6a0f94e11f5af1e0de740d44d7931d65 According to an article in Army Times, “Federal courts brought a halt to the program in 2004 because the FDA had not licensed the vaccine, failed to follow its own rules in the vaccine’s review and allowed the DoD to use the vaccine for an ‘unapproved use.’ But by 2005, the FDA made the court-directed changes and the program resumed.”Todd South, “The Shadow of Anthrax: The Voluntary COVID-19 Vaccination Effort Owes Much to Past Failures,” armytimes.com, June 17, 2021, https://www.armytimes.com/news/your-army/2021/06/17/the-shadow-of-anthrax-the-voluntary-covid-19-vaccination-effort-owes-much-to-past-failures/
Current Opposition to Vaccine Mandates
COVID-19 has killed over a million people (1,134,300) in the U.S. as of July 1, 2023.Centers for Disease Control and Prevention (CDC), "COVID-19 Data Tracker," cdc.gov, accessed July 7, 2023, https://covid.cdc.gov/covid-data-tracker/#datatracker-home
Following the availability of several COVID-19 vaccines, federal, state, and local governments implemented varying requirements that people be vaccinated to work in certain occupations (such as health care and teaching) or to access public spaces (such as indoor dining and gyms).
As of May 10, 2023, 81.4% of Americans had received at least one dose of a COVID-19 vaccination with 69.5% having completed a primary series.Centers for Disease Control and Prevention, "COVID-19 Vaccinations in the United States," cdc.gov, last updated June 14, 2023, https://covid.cdc.gov/covid-data-tracker/#vaccination-states-jurisdictions A "primary series" is the initial dose(s) of a COVID-19 vaccine. For Pfizer and Moderna mRNA vaccines, the primary series is two vaccine doses. For the Johnson & Johnson (J&J) COVID-19 vaccine, the primary series is a single vaccine dose. The CDC stopped updating their tally of total COVID-19 vaccine doses administered on May 11, 2023.
Opposition to COVID-19 vaccine mandates arose immediately.
Some people oppose the mandates because of the COVID-19 vaccine itself, for reasons including a fear that the new vaccines were rushed into use without sufficient research into their long-term impacts and could cause death or serious illness.Jeffrey Kluger, “Too Many Americans Still Mistrust the COVID-19 Vaccines. Here's Why,” time.com, January 5, 2021, https://time.com/5925467/covid-19-vaccine-hesitancy/ There are also religious and ethical objections to the vaccine having been developed using cell lines with a link to aborted fetal tissue.Matthew K. Wynia, et al., “Why A Universal COVID-19 Vaccine Mandate Is Ethical Today,” healthaffairs.org, November 3, 2021, https://www.healthaffairs.org/do/10.1377/forefront.20211029.682797/ Other people might trust the vaccine itself, but object to what they see as an attack on their civil liberties and personal freedoms.Alana Wise, “The Political Fight Over Vaccine Mandates Deepens Despite Their Effectiveness,” npr.org, October 17, 2021, https://www.npr.org/2021/10/17/1046598351/the-political-fight-over-vaccine-mandates-deepens-despite-their-effectiveness
Legal challenges and other protests to vaccine mandates included:
- On September 14, 2021, Arizona Attorney General Mark Brnovich filed the first lawsuit in the country “against the Biden Administration’s radical actions requiring COVID-19 vaccines.”Arizona Attorney General Mark Brnovich, “First State Lawsuit Filed Against Federal Vaccine Mandate,” azag.gov, September 14, 2021, https://www.azag.gov/press-release/arizona-attorney-general-mark-brnovich-challenges-biden-administrations
- On September 16, 2021, 24 Attorneys General (21 from red states and three from blue states) signed a letter to President Joe Biden:Of those 24 states, 21 are Red (states that went to Trump in the 2020 General Election): Alabama, Alaska, Arkansas, Florida, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wyoming; 3 are Blue (states that went to Biden in the 2020 General Election): Arizona, Georgia, and New Hampshire.
“We, the Attorneys General of 24 states, write in opposition to your attempt to mandate the vaccination of private citizens. On September 9, you announced that you would be ordering the Department of Labor to issue an emergency temporary standard, under the Occupational Safety and Health (OSH) Act, which would mandate that private sector employers require most of their employees to either get a COVID-19 shot, submit to weekly testing, or be fired. ... We thus urge you to reconsider your unlawful and harmful plan and allow people to make their own decisions. If your Administration does not alter its course, the undersigned state Attorneys General will seek every available legal option to hold you accountable and uphold the rule of law.”State of Alaska, Department of Law, "AG Letter to POTUS re Covid Vaccine Rules," law.alaska.gov, September 16, 2021, https://law.alaska.gov/pdf/press/091621-AGLetter.pdf
- As of September 17, 2021, governors in a dozen states had enacted bans on various COVID-19 vaccine mandates.Hannah Mitchell, “12 States Banning COVID-19 Vaccine Mandates & How They Affect Healthcare Workers,” beckershospitalreview.com, updated October 1, 2021, https://www.beckershospitalreview.com/workforce/11-states-banning-covid-19-vaccine-mandates-how-it-affects-healthcare-workers.html National Academy for State Health Policy, “State Efforts to Ban or Enforce COVID-19 Vaccine Mandates and Passports,” nashp.org, updated September 17, 2021, https://www.nashp.org/state-lawmakers-submit-bills-to-ban-employer-vaccine-mandates/
- On September 23, 2021, Air Force officers, a Secret Service agent and others filed a lawsuit in the U.S. District Court in Washington to halt federal and military COVID-19 vaccine mandates.Paul Duggan and Alex Horton, “Lawsuit Seeks to Halt Biden’s Vaccination Mandates for Federal Workforce,” washingtonpost.com, September 30, 2021, https://www.washingtonpost.com/local/public-safety/vaccine-mandate-lawsuit-military/2021/09/30/b774fe36-2216-11ec-8200-5e3fd4c49f5e_story.html
- On November 10, 2021, attorneys general in 10 states filed a lawsuit against the Biden administration over the vaccine mandate for staff members at health care facilities that participate in the Medicare and Medicaid programs.Mark Hagland, "Republican State Attorneys General Sue Administration Over CMS Vaccine Mandate," hcinnovationgroup.com, November 11, 2021, https://www.hcinnovationgroup.com/covid-19/article/21246225/republican-state-attorneys-general-sue-administration-over-cms-vaccine-mandate
- On January 23, 2022, thousands of people gathered in Washington, DC, to protest vaccine mandates. Speakers such as Robert F. Kennedy, Jr., compared vaccine mandates to life in Nazi Germany.Katie Mettler, et al., “Anti-Vaccine Activists March in DC — A City that Mandates Coronavirus Vaccination — To Protest Mandates,” washingtonpost.com, January 23, 2022, https://www.washingtonpost.com/dc-md-va/2022/01/23/dc-anti-vaccine-rally-mandates-protest/
- On February 4, 2022, 16 states challenged the federal health care worker vaccine mandate in a Louisiana court, arguing that the mandate is unconstitutional and unnecessary due to lowered vaccine effectiveness against the new COVID-19 variant.David A. Lieb and Geoff Mulvihill, “EXPLAINER: Who Must Follow Biden's Vaccine Mandates?,” abcnews.go.com, February 24, 2022, https://abcnews.go.com/Health/wireStory/explainer-follow-bidens-vaccine-mandates-82681216
- As of February 18, 2022, more than 60 service members had joined lawsuits challenging the military's process for dealing with COVID-19 vaccine religious exemption requests.Meghan Myers, “Could Florida Case Strike Down the Military’s Vaccination Mandate?,” tampabay.com, February 18, 2022, https://www.tampabay.com/news/florida-politics/2022/02/18/could-florida-case-strike-down-the-militarys-vaccination-mandate/
- On February 23, 2022, ten states filed a renewed lawsuit in a Missouri federal court arguing against the federal vaccine mandate.David A. Lieb and Geoff Mulvihill, “EXPLAINER: Who Must Follow Biden's Vaccine Mandates?,” abcnews.go.com, February 24, 2022, https://abcnews.go.com/Health/wireStory/explainer-follow-bidens-vaccine-mandates-82681216
- In September 2022, the number of lawsuits opposing COVID-19 vaccine mandates surpassed 1,000.Patricia Anderson Pryor, "Challenges Against Employer COVID-19 Vaccine Mandates Show No Sign of Slowing," natlawreview.com, September 19, 2022, https://www.natlawreview.com/article/challenges-against-employer-covid-19-vaccine-mandates-show-no-sign-slowing
Summary
The above shows that vaccine mandates, opposition to vaccine mandates, and concerns about the vaccines themselves are not new issues in the United States.
Vaccine mandates have been imposed by state and local governments since the 1800s, and mandates to inoculate against disease started at the founding of the country before vaccines were introduced.
Even though vaccine mandates do not require a person to get a vaccination, they do penalize those who choose not to get vaccinated. There may be exemptions for medical, religious, or personal reasons.
Opposition to vaccine mandates has come from states and private citizens since around the time vaccines were first mandated.
On three separate occasions, in 1905, 1922, and 2022, the U.S. Supreme Court upheld the authority of state and local governments to enforce vaccine mandates. In 2022, SCOTUS also blocked a government vaccine mandate.
In late February 2022, many cities began relaxing vaccine verification requirements for indoor venues such as restaurants as COVID-19 case numbers started to decrease.Katie Teague and Peter Butler, “Big Cities Drop Vaccine Requirements as COVID Cases Fall,” cnet.com, February 20, 2022, https://www.cnet.com/health/vaccine-mandates-cities-lift-requirements-as-covid-cases-drop/
We hope the information above adds a bit of history to the current news about vaccine mandates in general and COVID-19 specifically.
APPENDIX: The 50 States' Mandated Vaccines (and Exemptions) for K-12 Public Schools
By 1980, all 50 states required some vaccinations for K-12 public schools, and still do as of December 14, 2021.Maggie Astor, “Vaccination Mandates Are an American Tradition. So Is the Backlash.” nytimes.com, September 9, 2021, https://www.nytimes.com/2021/09/09/us/politics/vaccine-mandates-history.html Proof of vaccination is mandated for polio, diphtheria, tetanus & pertussis, and measles and rubella (mumps is mandated in every state except Iowa).The District of Columbia, not included in the chart, mandates diphtheria, tetanus, pertussis, mumps, measles, rubella, polio, Haemophilus influenza type (Hib), hepatitis B, and varicella. See: District of Columbia Public Schools, “School Health Requirements,” dcps.dc.gov, accessed October 25, 2022, https://dcps.dc.gov/page/school-health-requirements
All 50 U.S. states allow for medical exemptions from vaccine requirements, and may have other exemptions for religious beliefs, personal beliefs, or existing immunity.A personal belief exemption is used for any non-medical exemption that is not religious, such as philosophical reasons. The immunity category covers exceptions for people who do not have to get a vaccine if they can show proof they had the disease or lab results showing other required results. National Conference of State Legislatures, “States With Religious and Philosophical Exemptions From School Immunization Requirements,” ncsl.org, April 30, 2021, https://www.ncsl.org/research/health/school-immunization-exemption-state-laws.aspx Receiving an exemption generally means that the unvaccinated student will be allowed to attend school, but 36 states have an additional clause that an unvaccinated student may be excluded from attending school in the event of a disease outbreak or epidemic, with some states specifying exclusion for the unvaccinated during a vaccine-preventable disease outbreak.Centers for Disease Control and Prevention, "State School Immunization Requirements and Vaccine Exemption Laws," cdc.gov, February 2022, https://www.cdc.gov/phlp/docs/school-vaccinations.pdf
This information is for research purposes only and not a legal guide or for people looking for information regarding enrollment rules or a guide for K-12 enrollment. Table is current as of 9/27/2021.
Table: Mandated Vaccines (Columns B, C, D) and Exemptions (Column E)
| A. State (Most recent date / school year for vaccine requirements information) | B. Polio | C. Diphtheria, Tetanus, Pertussis, Dtap, Tdap, DTP, Td | D. Measles, Rubella | E. (M) Medical, (R) Religious, (PB) Personal Belief, (I) Immunity |
|
|---|---|---|---|---|---|
| 1. | Alabama¹ (2021-2022) | √ | √ | √ | M, R, I |
| 2. | Alaska² (2021-2022) | √ | √ | √ | M, R, I Proof of immunity (doctor note, lab results, other) accepted in place of vaccine for polio, diphtheria, tetanus, measles, rubella |
| 3. | Arizona³ (2021-2022) | √ | √ | √ | M, R, PB, I Proof of immunity (doctor note, lab results, other) accepted in place of vaccine for polio, diphtheria, tetanus, pertussis, measles, rubella |
| 4. | Arkansas ⁴ (Effective date September 1, 2014; website accessed September 27, 2021) | √ | √ | √ | M, R, PB, I Proof of immunity (doctor note, lab results, other) accepted in place of vaccine measles, rubella |
| 5. | California ⁵ (2021-2022) | √ | √ | √ | M |
| 6. | Colorado ⁶ (May 2021) | √ | √ | √ | M, R, PB, I Proof of immunity (doctor note, lab results, other) accepted in place of vaccine for DTaP, Td, measles, rubella |
| 7. | Connecticut ⁷ (2021-2022) | √ | √ | √ | M, R, I Proof of immunity (doctor note, lab results, other) accepted in place of vaccine for measles, rubella |
| 8. | Delaware ⁸ (Website accessed September 27, 2021) | √ | √ | √ | M, R, I Proof of immunity (doctor note, lab results, other) accepted in place of vaccine for measles, rubella |
| 9. | Florida ⁹ (March 8, 2021) | √ | √ | √ | M, R, I |
| 10. | Georgia ¹⁰ (June 11, 2021) | √ | √ | √ | M, R |
| 11. | Hawaii ¹¹ (May 29, 2020) | √ | √ | √ | M, R, I Proof of immunity (doctor note, lab results, other) accepted in place of vaccine for diphtheria, tetanus, measles, rubella |
| 12. | Idaho ¹² (2020-2021) | √ | √ | √ | M, R, PB |
| 13. | Illinois ¹³ (Fall 2021) | √ | √ | √ | M, R, I Proof of immunity (doctor note, lab results, other) accepted in place of vaccine for rubella |
| 14. | Indiana ¹⁴ (2021-2022) | √ | √ | √ | M, R, I Proof of immunity (doctor note, lab results, other) accepted in place of vaccine for polio, measles, rubella |
| 15. | Iowa ¹⁵ (Website directs to PDF dated January 2017) | √ | √ | √ | M, R, I |
| 16. | Kansas ¹⁶ (2021-2022) | √ | √ | √ | M, R, I |
| 17. | Kentucky ¹⁷ (Website accessed September 27, 2021) | √ | √ | √ | M, R, I |
| 18. | Louisiana ¹⁸ (October 2019) | √ | √ | √ | M, R, PB |
| 19. | Maine ¹⁹ (June 2021) | √ | √ | √ | M, I |
| 20. | Maryland ²⁰ (2021-2022) | √ | √ | √ | M, R, I Proof of immunity (doctor note, lab results, other) accepted in place of vaccine for polio, measles, rubella |
| 21. | Massachusetts ²¹ (May 26, 2021) | √ | √ | √ | M, R, I Proof of immunity (doctor note, lab results, other) accepted in place of vaccine for measles, rubella |
| 22. | Michigan ²² (December 11, 2019) | √ | √ | √ | M, R, PB, I Proof of immunity (doctor note, lab results, other) accepted in place of vaccine for measles, rubella |
| 23. | Minnesota ²³ (August 2021) | √ | √ | √ | M, R, PB, I |
| 24. | Mississippi ²⁴ (June 2020) | √ | √ | √ | M, I Proof of immunity (doctor note, lab results, other) accepted in place of vaccine for measles, rubella |
| 25. | Missouri ²⁵ (2021-2022) | √ | √ | √ | M, R, I |
| 26. | Montana ²⁶ (September 2019) | √ | √ | √ | M, R |
| 27. | Nebraska ²⁷ (Website accessed September 27, 2021) | √ | √ | √ | M, R, I |
| 28. | Nevada ²⁸ (2021-2022) | √ | √ | √ | M, R, I |
| 29. | New Hampshire ²⁹ (2021-2022) | √ | √ | √ | M, R, I Proof of immunity (doctor note, lab results, other) accepted in place of vaccine for measles, rubella |
| 30. | New Jersey ³⁰ (September 2020) | √ | √ | √ | M, R, I |
| 31. | New Mexico ³¹ (2021-2022) | √ | √ | √ | M, R, I |
| 32. | New York ³² (2021-2022) | √ | √ | √ | M, I Proof of immunity (doctor note, lab results, other) accepted in place of vaccine for measles, rubella |
| 33. | North Carolina ³³ (Website updated July 23, 2020) | √ | √ | √ | M, R, I Proof of immunity (doctor note, lab results, other) accepted in place of vaccine for measles, rubella |
| 34. | North Dakota ³⁴ (2021-2022) | √ | √ | √ | M, R, PB, I Proof of immunity (doctor note, lab results, other) accepted in place of vaccine for measles, rubella |
| 35. | Ohio ³⁵ (Fall 2020) | √ | √ | √ | M, R, PB |
| 36. | Oklahoma ³⁶ (2021-2022) | √ | √ | √ | M, R, PB, I |
| 37. | Oregon ³⁷ (2021-2022) | √ | √ | √ | M, R, PB, I Proof of immunity (doctor note, lab results, other) accepted in place of vaccine for measles, rubella |
| 38. | Pennsylvania ³⁸ (2021-2022) | √ | √ | √ | M, R, PB, I Proof of immunity (doctor note, lab results, other) accepted in place of vaccine for measles, rubella |
| 39. | Rhode Island ³⁹ (Website accessed September 27, 2021) | √ | √ | √ | M, R |
| 40. | South Carolina ⁴⁰ (2021-2022) | √ | √ | √ | M, R, I |
| 41. | South Dakota (July 16, 2021)⁴¹ | √ | √ | √ | M, R, I |
| 42. | Tennessee ⁴² (January 2020) | √ | √ | √ | M, R, I Proof of immunity (doctor note, lab results, other) accepted in place of vaccine for measles, rubella, |
| 43. | Texas ⁴³ (2021-2022) | √ | √ | √ | M, R, PB, I Proof of immunity (doctor note, lab results, other) accepted in place of vaccine for measles, rubella |
| 44. | Utah ⁴⁴ (2021-2022) | √ | √ | √ | M, R, PB, I Immunity exception for DTaP/DT with note from doctor of prior infection |
| 45. | Vermont ⁴⁵ (2021-2022) | √ | √ | √ | M, R, I |
| 46. | Virginia ⁴⁶ (Website accessed September 27, 2021) | √ | √ | √ | M, R, I Proof of immunity (doctor note, lab results, other) accepted in place of vaccine for measles, rubella |
| 47. | Washington ⁴⁷ (2021-2022) | √ | √ | √ | M, R, PB, I |
| 48. | West Virginia ⁴⁸ (PDF accessed September 27, 2021) | √ | √ | √ | M, I |
| 49. | Wisconsin ⁴⁹ (2021-2022) | √ | √ | √ | M, R, PB, I Proof of immunity (doctor note, lab results, other) accepted in place of vaccine for measles, rubella |
| 50. | Wyoming ⁵⁰ (June 30, 2021) | √ | √ | √ | M, R, I |
Chart References:
¹ Birmingham City Schools, “What Are The Vaccination Requirements?” bhamcityschools.org, accessed September 27, 2021; Alabama Public Health, “Recommended Vaccines,” alabamapublichealth.gov, accessed September 27, 2021; Casetext online, “Ala. Admin. Code r. 420-6-1-.03,” casetext.com, Current through Register Vol. 39, No. 11, August 31, 2021,
² State of Alaska, “Child Care & School Immunization Requirements Packet: 21-22 SY,” PDF, dhss.alaska.gov, accessed September 27, 2021
³ Arizona Department of Health Services, “School and Child Care Immunization Requirements,” azdhs.gov, updated June 2021
⁴ Arkansas State Board Of Health, “Rules And Regulations Pertaining To Immunization Requirements,” effective September 1, 2014, healthy.arkansas.gov, accessed September 14, 2021; Arkansas Department of Health, “Arkansas 2021-2022 Immunization Exemption Application Packet for Childcare or School Students,” healthyarkansas.com, accessed September 27, 2021
⁵ Natomas Unified School District, “Immunization Requirements for 2021-2022 School Year,” natomasunified.org, July 6, 2021; Shots for Schools, “Medical Exemptions,” shotsforschool.org, accessed September 21, 2021; California Department of Public Health, “California Immunization Requirements For K – 12th Grade,” eziz.org, January 2021; Irvine Unified School District, “Medical Exemption to Required Immunizations,” iusd.org, accessed September 27, 2021
⁶ State of Colorado, Department of Public Health & Environment, “School-required vaccines,” cdphe.colorado.gov, accessed September 27, 2021; Colorado Department of Public Health & Environment, “Colorado Certificate Of Immunization,” drive.google.com, last reviewed May 2021; State of Colorado, “Vaccine exemptions ... Implementation of SB20-163, School Entry Immunization,” cdphe.colorado.gov, September 24, 2021; CDPHE, “Immunization: Certificate of Nonmedical Exemption,” drive.google.com, last reviewed August 2021
⁷ State of Connecticut, Department of Public Health, “Immunization Requirements For Enrolled Students In Connecticut Schools 2021-2022 School Year,” ncps-k12.org, revised January 21, 2021; State of Connecticut, State Department Of Education, “CSDE Guidance Regarding Public Act 21-6, 'An Act Concerning Immunizations,'“ portal.ct.gov, May 25, 2021; Connecticut State, “Connecticut Department of Public Health Medical Exemption Certification Statement,” revised April 2011, portal.ct.gov, accessed September 23, 2021
⁸ Delaware Department of Education, “Delaware Immunization Requirements,” doe.k12.de.us, accessed September 14, 2021; State of Delaware, “804 Immunizations,” delaware.gov, accessed September 21, 2021
⁹ Florida Health, “School Immunization Requirements,” floridahealth.gov, last reviewed date March 8, 2021; Florida Health, “Exemption from Required Immunizations,” floridahealth.gov, last reviewed date March 7, 2021 (link to March 2013 “Immunization Guidelines,” floridahealth.gov, accessed September 26, 2021)
¹⁰ Georgia Department of Public Health, “School Vaccines and Updates,” dph.georgia.gov, last updated June 11, 2021; Georgia Department of Education, “Immunization Information,” PDF, gadoe.org, accessed September 26, 2021
¹¹ Hawaii State Dept. of Health, “Immunization Requirements Summary,” health.hawaii.gov, May 29, 2020; State of Hawaii, Department of Health, Disease Outbreak Control Division, “Immunization Exemptions,” health.hawaii.gov, accessed September 21, 2021
¹² Idaho Division of Public Health, “2020-21 Guide To Idaho School Immunization Requirements For Parents of Children in or Entering Preschool & Grades K-12,” publicdocuments.dhw.idaho.gov, August 2020
¹³ Illinois Department of Public Health, “Minimum Immunization Requirements Entering a Child Care Facility or School in Illinois, Fall 2021,” PDF, dph.illinois.gov, accessed September 14, 2021; Illinois State, “Illinois Certificate Of Religious Exemption To Required Immunizations And/Or Examinations Form,” illinois.gov, accessed September 21, 2021; Joint Committee on Administrative Rules, Administrative Code, “Section 665.520 Medical Exemption,” ilga.gov, accessed October 4, 2021
¹⁴ Indiana State Department of Health, Immunization Division, “Indiana 2021-2022 Required and Recommended School Immunizations,” PDF, in.gov, August 2020; Indiana Department of Health, “2021-2022 School Immunization Requirements Frequently Asked Questions for School Nurses Indiana Department of Health (IDOH) – Immunization Division,” in.gov, accessed September 23, 2021
¹⁵ Iowa does not include the mumps vaccine like the other 49 states. Iowa Department of Public Health, “Immunization Requirements,” PDF, idph.iowa.gov, January 2017; Iowa Department of Public Health, “Immunization Audits - Frequently Asked Questions 2021-2022 School Year,” idph.iowa.gov, August 9, 2021
¹⁶ Kansas Department of Health and Environment, “Kansas School Kindergarten Through Grade 12 Immunization Requirements For 2021-2022 School Year,” kdheks.gov, February 16, 2021; State of Kansas, “Kansas Statutes Related To School Immunizations,” kdheks.gov, March 4, 2019; Kansas Department of Health and Environment, “Kansas Certificate Of Immunizations - Form B: Medical Exemption,” kdheks.gov, revised February 16, 2021
¹⁷ Kentucky School Boards Association, “Immunizations in Kentucky: A shot at better health,” ksba.org, accessed September 14, 2021; Commonwealth of Kentucky, “Parent or Guardian’s Declination on Religious Grounds to Required Immunizations,” chfs.ky.gov, effective June 2017
¹⁸ Louisiana Department of Health, “Required vaccinations to attend Louisiana schools,” ldh.la.gov, accessed September 21, 2021; Louisiana Department of Health, “Louisiana School Immunization Entry Requirements,” ldh.la.gov, October 2019; Louisiana Department of Education, “Statement Of Exemption From Immunizations,” ldh.la.gov, accessed September 24, 2021
¹⁹ Maine Department of Education, “Maine School Immunization Requirements,” maine.gov, June 2021; State of Maine, “Immunization Requirements For School Children,” maine.gov, last updated May 10, 2018
²⁰ Maryland Department of Health, “Vaccine Requirements For Children Enrolled in Preschool Programs and in Schools ... Maryland School Year 2021–2022 (Valid 9/1/21 - 8/31/22),” ccboe.com, accessed September 21, 2021; Maryland, Center for Immunization, “Maryland Department Of Health Immunization Certificate,” health.maryland.gov, revised May 2021
²¹ Commonwealth of Massachusetts, “School Immunizations,” (Link to Word Document, “Massachusetts School Immunization Requirements 2021-2022§”) mass.gov, accessed September 26, 2021
²² Michigan Department of Health and Human Services, “Vaccines Required for School Entry in Michigan,” PDF, michigan.gov, December 11, 2019; Michigan Department of Health and Human Services, “2021 Medical Contraindication Form,” michigan.gov, accessed September 26, 2021; Michigan Department of Health and Human Services, “Nonmedical Waiver Rule for Childhood Immunizations in School and Licensed Childcare Programs: Information for Parents/Guardians,” michigan.gov, May 3, 2021
²³ Minnesota Department of Health, Immunization Program, “Immunization Form,” health.state.mn.us, 2019; Religious exemption covered under non-medical exemption.
²⁴ Mississippi State, “Mississippi School Immunization Requirements,” msdh.ms.gov, June 3, 2020; Mississippi State Department of Health, “Medical Exemption Request,” msdh.ms.gov, July 15, 2020
²⁵ Missouri State, “2021-2022 Missouri School Immunization Requirements,” health.mo.gov, revised February 2021
²⁶ Montana, Public Health in the 406, “Vaccines Required for School Attendance, Preschool -12th Grade,” dphhs.mt.gov, September 2019; Montana Department of Public Health and Human Services, “Affidavit Of Exemption On Religious Grounds From Montana School Immunization Law And Rules,” mcpsmt.org, revised June 2015
²⁷ Nebraska Department of Health and Human Services, “School Immunization Reporting,” dhhs.ne.gov, accessed September 21, 2021
²⁸ Clark County School District, “Student Enrollment Information,” ccsd.net, accessed September 21, 2021; Nevada Vaccines for Children Program, “Exemption Rules,” vfcnevada.org, accessed September 24, 2021
²⁹ State Of New Hampshire, Department of Health And Human Services, “New Hampshire School Immunization Requirements 2021-2022,” dhhs.nh.gov, February 2021; New Hampshire Department of Health and Human Services, “Exemptions for Children,” dhhs.nh.gov, accessed September 24, 2021
³⁰ New Jersey Department of Health, “Summary of NJ School Immunization Requirements,” nj.gov, updated September 2020
³¹ New Mexico Department of Health, “New Mexico Childcare/Pre-School/School Entry Immunization Requirements: 2021-22 school year,” nmhealth.org, updated March 3, 2021; New Mexico Department of Health, “Exemption from Immunization Form Instructions,” nmhealth.org, revised August 2019
³² New York State Department of Health, “2021-22 School Year New York State Immunization Requirements for School Entrance/Attendance,” health.ny.gov, April 2021; New York State Department of Health, “Immunization Requirements for School Attendance,” health.ny.gov, accessed September 23, 2021
³³ North Carolina Department of Health and Human Services, “K-12 School Requirements,” immunize.nc.gov, updated July 23, 2020; North Carolina Department of Health and Human Services, “N.C. Exemptions,” immunize.nc.gov, updated August 5, 2020; North Carolina Department of Health and Human Services, “Highlights of N.C. Rules and Laws,” immunize.nc.gov, updated September 11, 2019
³⁴ North Dakota Health, “2021-2022 School Immunization Requirements,” health.nd.gov, updated January 5, 2021
³⁵ Ohio Department of Health, “Ohio Immunization Summary for School Attendance ... Fall 2021 Immunizations For School Attendance,” ohio.gov, September 14, 2021; Ohio Laws and Administrative Rules, “Section 3313.671 | Proof of required immunizations - exceptions.” codes.ohio.gov, effective October 15, 2015
³⁶ Oklahoma State Department of Health, “Guide to Immunization Requirements in Oklahoma: 2021-22 School Year,” oklahoma.gov, revised May 7, 2021; Oklahoma State Department of Health, “Certificate Of Exemption,” oklahoma.gov, July 6, 2021
³⁷ Oregon State, “School Year 2021-2022,” oregon.gov, dated January 2021; Oregon Health Authority, “Oregon Certificate of Immunization Status,” oregon.gov, accessed September 24, 2021; Oregon Health Authority, “Exemptions and Immunity,” oregon.gov, accessed September 26, 2021
³⁸ Kimberly Snyder, “Immunizations Required for Attendance During the 2021-2022 School Year,” hempfieldsd.org, July 13, 2021; Commonwealth of Pennsylvania, “§ 23.84. Exemption from immunization.” pacodeandbulletin.gov, effective through June 26, 2021; Commonwealth of Pennsylvania, “Subchapter C. Immunization,” pacodeandbulletin.gov, effective through June 26, 2021
³⁹ State of Rhode Island, Department of Health, “Immunization Information for Schools and Child Care Workers,” health.ri.gov, accessed September 21, 2021; Rhode Island Department of Health, “Medical Immunization Exemption Certificate For Use in Public and Private Daycare Preschool, School & College,” health.ri.gov, July 2017
⁴⁰ South Carolina Department of Health and Environmental Control, “5K–12 Immunization Info For Parents,” scdhec.gov, April 2021; South Carolina Department of Health and Environmental Control, “General Guidance for South Carolina Immunization Requirements,” scdhec.gov, March 30, 2021; South Carolina Department of Health and Environmental Control, “Exemptions from School Vaccine Requirements,” scdhec.gov, accessed September 23, 2021
⁴¹South Dakota Department of Health, “Kindergarten Vaccination Requirements,” doh.sd.gov, revised July 16, 2021; South Dakota Department of Health, “Certificate Of Immunization,” doh.sd.gov, revised May 2020
⁴² Tennessee Immunization Program, “Diseases Covered by Tennessee Child Care and School Immunization Requirements,” tn.gov, updated January 2020; Tennessee Department of Health, “Required Immunizations,” tn.gov, accessed September 26, 2021
⁴³ Texas Department of State Health Services, “2021-2022 Texas Minimum State Vaccine Requirements for Students Grades K–12,” dshs.texas.gov, revised January 2021
⁴⁴ Utah Department of Health Immunization Program, “Utah Immunization Guidebook 2021-2022,” immunize.utah.gov, revised April 2021
⁴⁵ Vermont Department of Health, “School Year 2021-22 Immunization Entry Requirements,” healthvermont.gov, accessed September 21, 2021; Vermont Department of Health, “Immunization Exemptions,” healthvermont.gov, accessed September 26, 2021
⁴⁶ Virginia Department of Health, “School and Day Care Minimum Immunization Requirements,” vdh.virginia.gov, accessed September 27, 2021; Commonwealth of Virginia, “Commonwealth Of Virginia Certificate Of Religious Exemption,” vdh.virginia.gov, accessed September 26, 2021; Commonwealth of Virginia, “Administrative Code ... 12VAC5-110-80. Exemptions from immunization requirements.” virginia.gov, accessed September 26, 2021
⁴⁷ Washington State Department of Health, “Parents– Are Your Kids Ready for School? Required Immunizations for School Year 2021-2022,” doh.wa.gov, October 2020; Washington State Department of Health, “ Certificate of Exemption— Personal/Religious,” doh.wa.gov, October 2019
⁴⁸ West Virginia Department of Health and Human Resources, “West Virginia Immunization Requirements for New School Enterers,” oeps.wv.gov, accessed September 21, 2021; West Virginia Department of Health and Human Resources, Bureau for Public Health, “Medical Exemptions Information,” eps.wv.gov, accessed September 26, 2021
⁴⁹ Wisconsin Department of Health Services Division of Public Health Bureau of Communicable Diseases Immunization Program, “Wisconsin School Immunization Requirements 2021-2022,” dhs.wisconsin.gov, revised July 2021
⁵⁰ Wyoming Department of Health, “Wyoming Immunization Requirements,” health.wyo.gov, updated June 30, 2021; Wyoming Department of Health, Immunization Unit, “Medical Waiver Request,” health.wyo.gov, updated May 2021