A federal judge validated Monday, July 18 the decision of a university to impose the anti-Covid-19 vaccine on its students and staff, while the subject divides as the return to school approaches in the United States.
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Magistrate Damon Leichty of the South Bend Court, east of Chicago, rendered the first ruling on the matter, but it is subject to appeal to the Supreme Court. Seized urgently by eight students, he refused to suspend new health rules imposed by Indiana University in view of the resumption of classes on its campuses between August 1 and August 15. These rules make vaccination compulsory for its 90,000 students and 40,000 employees, but provide for exemptions for religious or medical reasons.
The Constitution allows students
"to refuse medical treatment on the principle of the right to dispose of one's body,"
writes Judge Damon. But it also allows
"to impose a reasonable vaccination process in the legitimate interest of public health," he
adds.
"That's what the university did,"
he said in a decision of a hundred pages.
Of the eight complainants, six already benefit from an exemption on religious grounds, but did not want to have to wear the mask or respect social distancing, he recalls.
Some have advanced religious objectives or the fear of being discriminated against, others have qualified this measure as
"cultural attack"
, writes the magistrate.
However, they have all, in recent months, agreed to comply with these health measures in other contexts, he underlines.
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The vaccination campaign in the United States, which has led to enormous progress against the pandemic, has stalled in recent weeks.
About 68% of adults have received at least a first dose, but large geographic disparities exist.
Opposition to the vaccine is closely linked to American political divides, with much more marked hostility on the right, especially among supporters of Donald Trump.
Several conservative groups, such as the Turning Point student association, have embarked on a campaign against compulsory vaccination on campuses and are supporting complaints across the country.
Universities have taken various positions, with half a thousand currently requiring their students or staff to receive anti-Covid injections.
