HHS Reinforces Religious and Conscience Exemptions from Childhood Vaccine Mandates

The U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) today issued a letter notifying state awardees of the Vaccines for Children Program (VCP) that participating immunization programs and program-registered providers must respect state religious and conscience exemptions from vaccine mandates.

“Today’s letter makes clear that providers must respect state laws protecting religious and conscience-based exemptions to vaccine mandates,” said HHS Secretary Robert F. Kennedy, Jr.  “States have the authority to balance public health goals with individual freedom, and honoring those decisions builds trust. Protecting both public health and personal liberty is how we restore faith in our institutions and Make America Healthy Again.”

Participation in the VCP, which provides reduced cost, public-purchased vaccines for eligible children, requires compliance with state religious and other exemptions from vaccination laws.  HHS provides operational funding to 61 state, local, and territorial immunization programs to implement and oversee their VCPs.  State or local boards of education may administer or receive funds through the VCP.

“VCP providers should be aware that in addition to explicit religious exemptions, state religious freedom laws may limit vaccine mandates that substantially burden religious exercise,” said Paula M. Stannard, OCR Director. “Some individuals with religious or moral objections don’t oppose vaccination itself.  They may have specific concerns that focus on the development or manufacturing of particular vaccines.  For example, parents may object to immunizing their children with vaccines historically derived from aborted fetal cell lines, based on their sincere and deeply held beliefs about the sanctity of life.”

In the letter, OCR offers states and participating providers assistance and support in their good faith efforts to operate VCP programs in compliance with the law. OCR is responsible for enforcing the Federal condition of the VCP that requires provider compliance with applicable state law, including laws regarding religious exemptions to compulsory vaccination.

Today’s nationwide letter is part of a larger effort by HHS to strengthen enforcement of laws protecting conscience and religious exercise. It follows a similar recent letter to West Virginia health departments that reminded them that they are obligated to recognize West Virginia’s laws promoting religious freedom as a condition of participating in the VCP.

The Dear Colleague letter on the VCP may be found at: https://www.hhs.gov/sites/default/files/ocr-nationwide-vaccine-letter.pdf.

OCR facilitates and coordinates the Department’s enforcement of the Federal health care conscience protection statutes and certain religious nondiscrimination statutes.  The Federal health care conscience protection statutes protect individuals, health care entities, and providers from discrimination in health care by government or government-funded entities based on the exercise of religious beliefs or moral convictions. OCR also enforces Federal religious nondiscrimination provisions in grant and block grant programs that prohibit discrimination against individuals on the basis of religion.

If you believe that you or someone else has been discriminated against because of race, color, national origin, disability, age, sex, religion, or the exercise of conscience in programs or activities that HHS directly operates or for which HHS provides Federal financial assistance, you may file a complaint with the HHS Office for Civil Rights.

Follow HHS OCR on X (formerly Twitter) at @HHSOCR.