ALERT: Indiana AG Rules Against IU Vaccine Order

May 26, 2021

(May 26) — Indiana Attorney General Todd Rokita today issued an opinion in support of an IU Board of Trustee candidate who challenged the university’s decision that all faculty and staff be required to get the Covid-19 vaccine.

Margaret Menge, an adjunct scholar of the Indiana Policy Review, argued that the school will be in violation of state law if it “requires” that anyone get the Covid-19 vaccine.

“House Bill 1405, passed by an overwhelming majority of Indiana legislators and signed into law by Gov. Eric Holcomb on April 29, says the state may not require proof of a Covid-19 vaccination,” Menge says. “IU is a state university, and as such is a part of state government.”

The Attorney General’s office agreed with that interpretation: “Public universities, or ‘state educational institutions,’ through their boards of trustees, are bodies corporate and politic. They are legislatively created and receive their corporate powers through legislation. Numerous cases have also held public universities to be ‘arms of the state.’ Ind. Code ch. 16-39-11 provides no statutory exemption for universities, so as public universities are part of ‘the state,’ it applies to them.”

Menge added that IU’s declaration that exemptions will be strictly limited to a narrow set of criteria, including medical exemptions and documented and significant religious exemptions, also is in violation of state law. She says the school must accept a simple letter stating that a person has a religious objection rather than submit official documentation.

“Overall, forced vaccinations are incompatible with the liberty guaranteed to us by our Founders,” Menge said. “They are also completely at odds with the pro-liberty values of the majority of the people in this state.”



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