Choose life, protect childhood immunizations

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In an earlier editorial we urged Maryland to follow California’s lead and eliminate Maryland’s religious exemption for childhood vaccines otherwise required for school. We made our proposal in light of the increased use of the religious exemption, and of the dangers posed not only to the children of parents who file the exemption form but also to other children, especially those who suffer from immunodeficiency and cannot medically receive vaccines. And for those under the age when a vaccine can be administered, which for measles is 12 months. At least 95% of the population must be immunized to prevent the highly contagious measles virus from spreading.

Further, there is the practical and constitutional issue of enforcing the requirement that a parent or guardian attest that he or she objects “on the ground that the immunization conflicts with the parent’s or guardian’s bona fide religious beliefs and practices …” The government must tread very carefully, if at all, in judging whether a claimed religious belief is, in fact, both religious and bona fide, as Baltimore City became aware of when our federal court held unconstitutional under the First Amendment Establishment Clause the City’s ordinance designed to prevent the intentional mislabeling of kosher foods. The practical issue is the difficulty and cost of proof to establish the falsity of the parent or guardian claim. We know of no Maryland case where a religious exemption has been rejected.

We adhere to our prior recommendation: get rid of this invitation to the infection of the innocents. And let’s understand what is at stake. As New Scientist reported on February 7, 2006:

Measles is one of the most contagious viruses on the planet. It causes severe complications in around 1 in 5 children, including breathing difficulties, deafness, blindness and brain swelling that can lead to permanent brain damage. Globally, measles killed about 95,000 people in 2024.

On February 24, 2026, the Washington Post stated: “Before a vaccine was available, measles was responsible for an estimated 2.6 million deaths a year.”

And the situation in the United States is heading in the direction of a measles epidemic. As of February 2026, again from the Washington Post, “[t]here are more than 900 confirmed measles cases in the United States.” The United States used to be measles free. No longer. Nor is the concern limited to measles falling prey to the anti-vaxxers for whom science is the enemy rather than the friend of progress. Polio vaccine is also in their sights, and protection against whooping cough, flu, hepatitis B and shingles.

The CDC has gutted recommendations for childhood vaccinations. In response, Maryland joined a lawsuit commenced by other states challenging this action. Our Attorney General stated that the Trump administration’s “reckless changes to the child vaccine schedule will confuse parents about which shots their children need to stay safe and healthy.” The AG is right. He also stated: “As fewer children get vaccinated, preventable and deadly diseases will spread throughout our daycares and schools, sickening families and threatening children’s wellbeing.”

While Attorney General Anthony Brown is correct on all counts, bringing a lawsuit that might take a long time and which will undoubtedly be challenged on standing and the precatory nature of “recommendations,” is insufficient protection for Maryland’s children (and adults).

Fortunately, he can take another badly needed step. Maryland law provides, Health 18-403(a), that the religious exemption may be overridden if the “Secretary declares an emergency or disease epidemic.” See also COMAR 10.06.04.05 (B). The Governor should act immediately to appoint someone to advise him and the Secretary if and when an emergency or disease epidemic arises that would warrant the elimination of the religious exemption. As opposed to the anti-vaxxer fantasists, that person (and anyone he or she chooses to assist in giving advice) should be the best and most qualified person the Governor can find, and we can think of no one better than Paul Offit, M.D. Offit lives and works in Philadelphia, but he has deep roots in Maryland. He grew up in Baltimore and received his medical degree from the University of Maryland. He has been a consistent voice against junk science and for vaccines. He co-invented a vaccine against rotavirus, which saves hundreds of lives daily.

And, yes, parents have rights, and they have the right, and legal obligation, to home school a child barred from school because the parent has chosen not to vaccinate them. That would continue under this proposal. But those parents should be warned: the emergency declaration could come at any time and your child will be kicked out of school until vaccinated against the disease.

Health Secretary RFK Jr., offers disease, disability, and death—all in the name of junk science. Vaccines offer life. Every parent can make that choice. So can the Governor. Act now.

Editorial Advisory Board Member Debra Schubert did not participate in this opinion.

EDITORIAL ADVISORY BOARD MEMBERS

James B. Astrachan, Chair

Gary E. Bair

Jill P. Carter

Arthur F. Fergenson

Nancy Forster

Susan Francis

Julie C. Janofsky

Ericka N. King

George Liebmann

George Nilson

Steven I. Platt

Angela W. Russell

Debra G. Schubert

Jeff Sovern

H. Mark Stichel

The Daily Record Editorial Advisory Board is composed of members of the legal profession who serve voluntarily and are independent of The Daily Record. Through their ongoing exchange of views, members of the board attempt to develop consensus on issues of importance to the bench, bar and public. When their minds meet, unsigned opinions will result. When they differ, or if a conflict exists, majority views and the names of members who do not participate will appear. Members of the community are invited to contribute letters to the editor and/or columns about opinions expressed by the Editorial Advisory Board.