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Two Massachusetts bills being considered by the legislature would allow minors of any age to be vaccinated without the consent of their parent or guardian in clear violation of federal law. The attorneys for ICAN Legislate sent a stern letter of opposition, threatening suit if these bills become law.

As noted in our prior update, ICAN Legislate was alerted to several problematic bills being introduced in the Massachusetts Legislature. Two particularly concerning bills are Massachusetts House Bill H.2151, An Act Promoting Community Immunity, and its identically-named companion bill in the Senate, S.1458. These bills seek to destroy the parental/guardian consent requirement for vaccination of minors and so ICAN Legislate had to take action.

Permitting vaccination of minors without parental consent is not only a clear violation of federal law but it is also plainly not in the best health interests of the child.

ICAN Legislate’s affiliated organization, ICAN, recently challenged a similar law in federal court in Washington, D.C. and prevailed, obtaining an injunction against the law. This is because the National Childhood Vaccine Injury Act requires that the child’s parent or guardian receive the federally created vaccine information statement (VIS) from the individual administering a vaccine before each administration of a vaccine.

This federal law requiring a VIS provides a bare minimum safeguard seeking to prevent some children from vaccine harms by telling parents when it might be unsafe for their children to receive a vaccine (far from a complete list, but at least a start). The statement also covers a few of the potential side effects (leaving out most) so that parents can monitor their children and report adverse reactions. It is incomprehensible that anyone concerned about the safety of children would remove even this minimal safeguard.

That’s not all there is to be worried about, however. These bills would also force compelled speech onto parents/guardians who hold religious objections to vaccination by creating a new process for obtaining religious exemptions whereby parents are required to sign a statement saying that “refusing to immunize is against public health policy and may result in serious illness or death of the participant or others.” This statement, among other issues, compels first person affirmations and speech in direct violation of the First Amendment.

Thus, ICAN Legislate’s letter concluded with a warning that should S.1458 and H.2151 become law, ICAN Legislate has instructed its attorneys to promptly file suit.

The Committee hearing for these bills occurred on July 26, 2023, and we are pleased to announce that there was a strong showing by medical freedom advocates including ICAN Legislate’s lead attorney Aaron Siri. Rest assured, ICAN Legislate will continue to monitor the progress of these bills very carefully and will keep you posted on any updates.


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