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Judge upholds Indiana university’s requirement for students to be vaccinated

The students argued that the university’s policy was in violation of the 14th Amendment law

Namita Singh
Tuesday 20 July 2021 12:45 BST
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File Image: Daytime view of the Sample Gates, entrance to Indiana University from Kirkwood Ave
File Image: Daytime view of the Sample Gates, entrance to Indiana University from Kirkwood Ave (Getty Images)

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A federal judge on Sunday upheld Indiana University’s mandate which requires students and staff to get full vaccination against coronavirus before returning to the campus this fall.

In a 101-page ruling, judge Damon Leichty wrote: “Recognising the students’ significant liberty to refuse unwanted medical treatment, the Fourteenth Amendment permits Indiana University to pursue a reasonable and due process of vaccination in the legitimate interest of public health for its students, faculty, and staff.”

“Today, on this preliminary record the university has done so for its campus communities,” he added.

With this order, the court denied the injunction sought by eight university students against the university’s policy.

In the lawsuit, the students argued that the university’s policy of mandatory vaccination against coronavirus was in violation of the 14th Amendment law, “which includes rights of personal autonomy and bodily integrity, and the right to reject medical treatment.”

They argued, that they feel they are being forced by the university to take the vaccination or face “the threat of virtual expulsion from school.”

The lawsuit said that with the pandemic easing in the United States, universal vaccination at the university is not necessary. “As the numbers continue to decline, such draconian measures as requiring all students to be vaccinated is not reasonable,” it stated.

However, the judge said in his order that the university is not forcing anyone to get a vaccine but is instead offering an option to its students and staff to either get the vaccine, apply for an exemption or find a new school to attend. “But, this hard choice doesn’t amount to coercion,” wrote judge Leichty.

Welcoming the court’s order, Indiana University spokesperson Chuck Carney told NPR: “We appreciate the quick and thorough ruling which allows us to focus on a full and safe return. We look forward to welcoming everyone to our campuses for the fall semester.”

James Bopp Jr, one of the lawyers representing the students in the case, told the news organisation that they intend to appeal against the court order as the IU student’s “right to attend IU cannot be conditioned on the student waiving their rights to bodily integrity, bodily autonomy, and consent to medical treatment.”

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