Legal Question in Civil Litigation in California

I am attending a community college in California. They are charging a mandatory "health fee", even though I do not want their medical help, and have my own insurance. You can avoid the health fee if you say you are a christian scientist. The California Constitution states " A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens".

So doesn't the constitution protect me from having to pay the fee?


Asked on 1/14/10, 1:45 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

No, at least not on that basis. Christian Scientists are exempt because their religious beliefs reject many medical treatments. Forcing them to violate the teachings of their church would violate their rights under the First Amendment to the United States Constitution -- which trumps the California Constitution whenever the two are in conflict. Besides, the California Constitution protects religious freedom in much the same way, and that provision would trump the one you cite in this situation.

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Answered on 1/19/10, 2:05 pm
Herb Fox Law Office of Herb Fox

I am not sure that Ed is correct. It is true that Christian Scientists have protection. But if you do not need insurance, there could be a basis for relief on the basis of discrimination, unfair business practices, or even the First Amendment. Yours is a matter that would require some research and assessment.

If you are interested in a consultation (no charge) please contact me

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Answered on 1/19/10, 8:42 pm


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