American Families for Vaccines: HHS Vaccine Letter is Federal Overreach That Threatens Kids’ Protection Against Disease

FOR IMMEDIATE RELEASE
September 4th, 2025
Contact: Caitlin Gilmet, 207-776-7648, caitlin@familiesforvaccines.org

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) has issued a letter implying that states must link participation in the federal Vaccines for Children (VFC) program to “compliance” with religious and conscience exemptions—a claim not supported by federal law.

American Families for Vaccines (AFV), a nonpartisan pro-vaccine political advocacy organization, warns that this dangerous misuse of federal authority could intimidate states and medical providers, encourage vaccine refusal, and put children at risk.

“By suggesting that state religious freedom laws can override democratically enacted vaccine requirements supported by the vast majority of voters, HHS is overreaching well beyond its legal authority. States like Maine, California, New York, and Connecticut have eliminated religious exemptions and seen more children protected from disease. Nothing in federal law requires those states to reopen dangerous loopholes,” said Northe Saunders, President of AFV.

Key Concerns

Misuse of Conscience Laws: Conscience protections were designed to shield health care workers from being forced to provide services against their beliefs. The Office for Civil Rights’ letter does not create new legal requirements—it reflects HHS’s interpretation of existing law. Instead of reinforcing the Vaccines for Children program’s core purpose of protecting kids, HHS is distorting it. The agency is twisting the law to suggest that patients, insurers, providers, and even state and local governments must accommodate vaccine refusal—an interpretation we vehemently reject.

Threat to States’ Rights: The letter wrongly implies that state Religious Freedom Restoration Acts (RFRAs) can be used to override legislatures that have eliminated non-medical exemptions. In fact, the courts have been clear and consistent: states have the authority to set vaccine policy.

Chilling Effect on Policy: By linking federal funding to compliance with exemptions, OCR is attempting to intimidate states, school boards, and providers from strengthening vaccine protections.

Risk to Public Health: Expanding exemptions fuels outbreaks. Removing exemptions reduces them. This is settled fact, backed by real-world data from California, Maine, and New York.

American Families for Vaccines urges policymakers, providers, and the public to reject this overreach:

• States remain fully empowered to eliminate non-medical exemptions.

• Schools, providers, and governments cannot be forced to accept vaccine refusal.

• The federal government should be protecting child health, not undermining it.

“Your rights end where they put others in danger,” said AFV Board Member Laura Blaisdell, MD, MPH, FAAP. “Tying vaccine policy to this false equivalency holds our payment system hostage — and risks bringing epidemics of deadly disease back into our children’s schools.”