Albany, USA - Where is the line drawn in religion between God's law and its application in contemporary living?
Howard Kushner and Claire Bianchi hope to find that out through a $1 million lawsuit against the South Colonie School District for denying their unvaccinated 5-year-old son entry to the Saddleback Elementary School's kindergarten class last fall.
The lawsuit contends that the boy wasn't denied entry because he hasn't received inoculations against disease but because his parents don't belong to a church that forbids vaccinations.
The couple contacted school officials last spring to pave the way for their son's first day of school. Both believe that God doesn't want them to vaccinate their child, according to court papers.
Kushner quoted Exodus in the lawsuit filed in U.S. District Court, which reads: "If you listen carefully to the voice of the Lord your God, and do what is right in His eyes, if you pay attention to His commands, and keep His decrees, I will not bring any diseases upon you for I am the Lord who heals you."
Last summer, during interviews with school officials, the couple said daily prayer and meditation had brought them to this decision, and others, including Bianchi's refusal to eat meat on Fridays during the Catholic season of Lent.
But South Colonie officials denied their request for the exemption, determining that the couple's beliefs are based on their "personal, individualized interpretation of the scripture ... not as a result of sincerely held expressed religious beliefs," the lawsuit said.
In other words, according to their lawyer, Patricia Finn, "This school district has decided to put these plaintiffs to a religious test. But that's for the court to decide."
Arguments on Tuesday in U.S. District Court will determine if Kushner and Bianchi can receive a temporary injunction allowing their child to be immediately enrolled at Saddleback.
The couple also seeks reimbursement of costs they have incurred, including private school tuition.
Finn praised her clients as courageous. As for the school district, she said if inoculations are as effective as everyone says, there shouldn't be any problem with allowing in one, unvaccinated child.
School district spokesman John Noetzel declined comment on the specifics of pending litigation. However, he said, "We'll obviously fight vigorously because we're basically following state and health department mandates."
Religious rights are guaranteed by the First Amendment of the U.S. Constitution and states must prove a compelling state interest is at stake in order to supersede them.