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UNION COUNTY, Ky. (WKYT / FOX 19) – The northern Kentucky Catholic student who sued the Department of Health for his decision to keep unvaccinated students out of school and participate in sports events in the midst of a chickenpox epidemic spoke of the Judge's decision Wednesday.
On Tuesday, a judge ruled against Jerome Kunkel, 18, and in favor of the Northern Kentucky Department of Health.
FOX 19 reports that Kunkel filed a lawsuit after he was not allowed to play basketball.
He did not receive the vaccine against the chickenpox virus because he says that it goes against his religious beliefs.
An outbreak of 32 chickenpox cases at Notre-Dame du Sacré-Coeur and the Académie de l'Assomption prompted the health department to ban all students without proof of immunity from school for 21 days.
The ban began after the last student or staff member contracted the virus.
Kunkel said the vaccine went against his beliefs, saying he was "derived from aborted fetal cells", which he described as "immoral, illegal and sinful".
The National Catholic Bioethics Center said the vaccine was acceptable because it did not contain aborted cells.
Kunkel, a senior from the Assumption Academy, left school on March 15th.
On Wednesday, Kunkel and his lawyer Chris Wiest spoke about the decision to appeal the judge's decision.
Wiest regretted that he considers it unfair that the burden of proof lies with him and Kunkel and not with the Department of Health.
He said that he would bring their case to the Kentucky Supreme Court if necessary.
"I am really devastated by the judge's decision. It does not make sense to me, "said Kunkel. He said that he had the impression that they had won the case because they had argued their points.
"What the Ministry of Health did not prevent the spread of chicken pox. We always go to church together, we always do everything together, "said Kunkel. "After Sunday Masses, we normally get together to play basketball with other school children."
Wiest echoed Kunkel's feelings and agreed that the students were still gathering outside of school.
"The 2005 Vatican statement says, you know, that the use of these vaccines containing aborted fetal cells is morally reprehensible. It will always be a moral problem, and as a Catholic we are asked in this statement to stand up to these officials and everything that makes these vaccines, promote them, and we are supposed to stand up and fight it. especially when it poses the same moral problem, "said Kunkel.
Kunkel described the doctors as amazing, but wondered why they could not make vaccines that did not contain aborted fetal cells.
As the National Center for Bioethics says, the vaccine does not contain aborted cells.
Wiest thinks that in three weeks, unvaccinated students will be able to return to school because of new cases.
He hypothesized that because of time spent outside the classroom, Kunkel might not graduate in the spring. However, Kunkel said that he did his homework and tests at home and that he got good grades.
The school did not say if this could or would have an impact on graduation.
Kunkel explained that because of this case, he could not participate in the all-star high school basketball game and was not lucky to be recruited at the university.
Wiest pointed to a case that, in his view, is similar to Kunkel's and will help appeal.
He said that in 2012, the Kentucky Supreme Court had been seized of a case of license plates on Amish buggies.
Weist said the group had fought their belief because it was contrary to their religious beliefs to have registration plates. However, the court was divided and the decision was upheld.
After that, legislators passed KRS resolution 446.350, stating that sincere religious beliefs could only be encumbered if the government showed a compelling interest and was the least restrictive means, says Wiest.
He says that this was passed so that they could overturn the Kentucky Supreme Court decision.
Wiest thinks of having a case under this legislation that includes the exclusion of activities. He added that the Ministry of Health had not proved that he had used the least restrictive means during the hearing.
During the hearing, prosecutors disagreed, saying that Kunkel's right to practice religion did not give him or any of the other students the right to put others at risk.
"We respect their right under the law to refuse to be vaccinated. However, the particular form that they have signed, which the state has prepared, specifically advises them, in the event of an outbreak, your child may be removed from school. "
The Ministry of Health issued the following statement in response to the decision:
"Today, the Boone Circuit Court issued a ruling confirming that the Northern Kentucky Department of Health had been legally mandated to protect the health and well-being of the community. We welcome the Court's careful and thorough examination of the evidence and legal issues raised in this case. The Court's decision, which follows the national recognition of the Northern Kentucky Department of Health through a re-accreditation by the Public Health Accreditation Board, underscores the crucial need for health departments The safety of our community members most exposed to disastrous consequences when a serious infectious disease such as chickenpox is left without respite and without control. "
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