In Idaho, a new Right to Refuse bill has passed, while in Iowa passage of a Religious Freedom Restoration Act should provide some extra protection against government-mandated medical interventions. At the same time, three vetoes in Wisconsin remind us that the fight for health freedom is a difficult one.

 Idaho HB597

In Idaho, the legislature passed HB597, which expands existing K-12 vaccine exemptions to higher education, while also allowing 18-year-olds still in high school to claim exemptions.

Existing Law

Under pre-existing Idaho law, minors shall be exempt from any K-12 vaccination requirements if their parent submits a certificate signed by a doctor indicating that one or more vaccines “would endanger the life or health of the minor….” Further, minors shall also be exempt in their parent submit a signed statement “stating their objections of religious or other grounds….”

Preexisting law also requires that, “School officials shall describe the exemptions provided in this section and provide a citation to this section in any communication to parents and guardians regarding immunization.”

New Protections for Higher Education

Under HB597, any student 18 or older who submits a signed statement stating a religious or other ground shall be exempt from any vaccination requirements in any public or private school, including “postsecondary, trade, college, university, or any other institute of primary, secondary, or higher learning.”

This bill was introduced in February, 2024. It passed in the House by 55-14 and in the Senate by 28-7. It was signed by the Governor March 28 and becomes effective on July 1, 2024.

 Iowa Passes Religious Freedom Restoration Act

In 1993 President Clinton signed the federal Religious Freedom Restoration Act (RFRA). This law says that religious freedom and liberty cannot be “substantially burdened” by the government unless it can show that it is pursuing a compelling government interest in the least restrictive manner. The Act only applies to the federal government; 27 states have now passed their own versions of this law and several others have had similar principles applied by court decision. On April 2, 2024 Iowa Governor Kim Reynolds signed the latest RFRA, designated Senate File 2095.

 RFRA Should Protect Religious Exemptions to Vaccination

While the question of whether a RFRA necessitates  a religious exemption to vaccine mandates needs to be decided by the US Supreme Court, we reported last year that the US District Court in Mississippi found that that state’s version of the law does entail such a requirement if any secular, e.g. medical, exemption is allowed. And in 2022, the  Sixth Circuit Court of Appeals ruled that the federal RFRA can require providing military service members with religious exemptions to the COVID-19 vaccine mandate.

Wisconsin Governor Tony Evers Vetoes Three Right to Refuse Bills

Wisconsin Governor Tony Evers has a history of vetoing health freedom bills. Despite passage of AB86 last year, which would have created a Safe Harbor Complementary and Alternative Practices law, Evers vetoed the bill on May 17, 2022. This occurred after almost 20 years of efforts by activists to pass this law, demonstrating that governors have the power to overturn what appears to be the will of the people.

Parents’ Bill of Rights, Higher Education Exemptions, and Organ Transplant Discrimination Bills all Vetoed by Governor Evers

This year in 2024, Evers Vetoed AB510, AB610, and SB933. AB510 was a broad parents’ rights bill. It included the right to be notified of each health care service, including vaccinations or immunizations, offered at the child’s school and the right to withhold consent or decline any specific service, unless otherwise specified by law or court order.

AB610 stated that vaccine requirements for institutions of higher education shall be waived if student objects for reasons of health, religion, or personal conviction. And SB933 would have prohibited discrimination in organ transplantation based on declining a vaccine which is under emergency use authorization, involves the transfer of genetic materials, has an annual dosing schedule, or is for the prevention of a disease against which the individual is protected, as shown by an antibody titer.

 Kudos to Wisconsin Activists!

Despite the vetoes, the Wisconsin health freedom movement deserves kudos for getting these three bills passed by both chambers of the legislature. The vetoes remind us that health freedom activism can be an uphill battle, and it can require either a favorable governor or a veto-proof majority for enactment of laws the people want to see.