Florida’s attorney general got a fiery rebuke and some ecclesiastical schooling from the state’s Catholic bishops after he boldly threatened to block funding to Catholic schools unless the church bends to the state’s anti-vaccine policies—policies allegedly intended to uphold religious freedom.
On July 31, Attorney General James Uthmeier sent a questionable letter to the bishops regarding exemptions to school vaccination requirements. Florida law requires public and private schools to allow vaccination exemptions based on religious grounds. But Catholic schools in the state do not accept religious exemptions; Florida’s Catholic dioceses support vaccination and recognize no theological argument against it. The schools only accept exemptions based on medical conditions that are verified by a healthcare provider.
Uthmeier, himself a Catholic, wrote to the bishops in an open letter that, based on his own understanding of Catholicism, he saw “no legitimate religious reason to refuse granting religious exemptions.” He reviewed select theological positions regarding the use of “abortion-derived vaccines,” and suggested to the bishops that it was “morally reprehensible” that they not grant religious exemptions.
Beyond sharing his personal interpretations with the bishops, Uthmeier threatened to withhold state scholarships and vouchers from Catholic school if they don’t change their position.
“Far from hallow”
The bishops responded with their own letter, which they made public last week. With a firm crack, they smack down Uthmeier’s legal and theological arguments, while also noting that they’re being unnecessarily nice in explaining to him why he’s wrong. “[T]he Catholic bishops in Florida do not have to justify to your office their position on Catholic teaching and their reasons for the current vaccine policies,” they write.
But “out of respect,” they go on to demolish Uthmeier’s points, citing the hierarchical nature of the Catholic church, the religion clauses of the First Amendment, state laws, and previous court rulings. In all, “It is beyond cavil that the bishops, not the state, decide how to interpret and apply Catholic principles and theology.”
They write:
The constitutional defect in your office’s inquiry is, therefore, not merely the conclusion it posits, but the inquiry itself. Whether Catholic doctrine requires, permits, or disfavors a particular exemption is a religious question entrusted to Catholic authorities, not state officials. The government may not decide that Church teaching is insufficiently religious, insufficiently consistent with Catholic doctrine, or insufficiently compelling to justify an ecclesiastical policy. Nor may it require Church leaders to defend their interpretation of Catholic doctrine before civil authorities as a condition of operating religious schools.
To the threat of withholding educational scholarships and other funding, the bishops call it “far from hallow and legally incorrect.”
“The state cannot disqualify Catholic schools from the scholarship program merely because a state official’s views differ from the bishops’ views.”
Vaccine and the common good
As to their position on vaccines, the bishops explain their policy by first addressing a common religion-tinged criticism of vaccines: that the production of some of them involves using cell cultures that were originally developed from fetuses aborted in the 1960s. With the cell lines still in use, no new fetal cells or abortions are involved, and vaccines are purified so that no fetal tissue is in immunizations.
Some, like Uthmeier, claim that use of such vaccines goes against the church’s belief in the sanctity of life. But the church has repeatedly made clear that this is not the case. The Florida bishops reference a 2017 document from the Pontifical Academy for Life and the Italian Bishops’ Conference that getting vaccinated “does not signify some sort of cooperation with voluntary abortion” and can be done “with a clear conscience.” The Florida bishops further clarify that it is “morally permissible” for parents to have their children vaccinated for the same reason.
The bishops say that some parents may still disagree, and for those parents, they “are free to choose a different educational path for their children. Catholic virtual schooling and home schooling are among them,” the bishops write.
Their vaccine policy is “rooted in the desire to protect the common good and to encourage the proportional benefits of utilizing vaccines,” the bishops write. “This position is rooted in our Catechism: ‘Life and physical health are precious gifts entrusted to us by God. We must take reasonable care of them, taking into account the needs of others and the common good.’”
The bishops note the vaccines not only protect healthy children, but also vulnerable groups in their schools, including children who cannot be vaccinated due to medical conditions, expectant teachers, and elderly parents and grandparents.
State context
The bishops’ stand against Uthmeier comes as Florida’s Republican leaders continue to attack life-saving vaccines and vaccination requirements. Last year, Florida Surgeon General Joseph Ladapo announced that the state planned to end all vaccination requirements, including those for school children. He dramatically claimed that every vaccine requirement “drips with disdain and slavery.”
On Monday, the state proposed a rule to remove requirements that children get vaccinated against chickenpox, hepatitis B, Haemophilus influenzae type B, and pneumococcal to enter school. The rule would also expand religious exemptions.
The bishops’ letter highlights a fallacy often used by anti-vaccine advocates: that undermining vaccines and dismantling vaccination requirements upholds religious freedom, when in fact it can be an attack on that freedom. Just on Monday, anti-vaccine Health Secretary Robert F. Kennedy Jr. proposed weakening the wording of federal vaccine recommendations “in favor of individual autonomy and religious freedom.” Yet, no major religion in the world forbids vaccinations, and most encourage and embrace them as a common good, like the Catholic bishops.
The bishops ended their letter noting that they periodically review their vaccine policy. But they wrote that they stand firm in their rejection of religious exemptions and “will not succumb to affronts to religious freedom.”
