A devout Catholic mom on Staten Island is suing the city, saying her daughter was barred from attending class because the Board of Education wouldn't recognize her religious exemption from receiving required medical vaccinations.
Dina Check, of West Brighton, has filed a federal civil rights lawsuit against the city accusing it of prohibiting her 5-year-old from attending PS 35 on Tuesday -- because of the family's belief that forced immunization violates important tenets of their faith.
"To inject invasive and unnatural substances into this divine creation is showing a lack of faith in God and His way," Check says in the lawsuit."Life is a gift from God, and the body is a marvelous work of divine creation to be reverenced as a temple of God."
The controversy was caused in part by a paperwork snafu - because her daughter already had been granted an exemption from vaccination on religious grounds by state health officials when she attended a YMCA preschool, Check says in the suit, filed in Brooklyn federal court this week.
To make matters worse, Check says she made repeated complaints to city school officials about the issue - only to see them fall on deaf ears, the suit says.
Despite her impassioned pleas asking officials to correct the paperwork error and list her daughter as being exempt from medical treatment on religious grounds, she received nothing more than a litany of e-mails from the Education Department denying her requests, the lawsuit claims.
Some of the correspondence Check sent to education officials quotes various passages of Scripture, Canon law proclamations from the Vatican, and contains earnest pleas asking the authorities to respect the family's religious beliefs.
In the lawsuit, Check also notes that her family physician had given a formal opinion that because the child suffers from immune deficiencies and gastrointestinal problems, immunization posed a medical risk for the girl.
But city school officials rejected that argument, too, ruling that the child's condition was insufficient to warrant exemption from vaccination based on medical grounds, the suit claims.
The suit charges that city school administrators violated laws that exempt children with deeply-held religious beliefs from receiving vaccines.
Check has asked a federal judge to intervene and force the city schools to exempt her daughter from future medical treatment. She also asks for unspecified damages.
mmaddux@nypost.com
Devout Catholic SI mom sues city for not allowing daughter to attend class over religious exemption
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Devout Catholic SI mom sues city for not allowing daughter to attend class over religious exemption
