Jefferson County Department of Health Could Face Legal Action Over Religious Exemption for Vaccination Fee

The Jefferson County Department of Health (JCDH) could be facing legal action over their fee for issuing religious exemptions for K-12 school vaccinations.

Currently, the Department's website states parents or guardians must “Be prepared to pay a $10 fee per child with cash or credit card” for each Religious Exemption issued. A phone call to the Department on Monday afternoon, May 5, confirmed that this $10 fee was correct.

A similar fee in Mobile County was recently stopped by the Mobile County Health Department (MCHD). In February of this year, MCHD began refunding the $30 fee they had previously charged to issue religious exemptions. At that time, MCHD was providing vaccination records (for those vaccinated at MCHD) at no charge, and charging $10 for an updated vaccination record for those who received their mandatory shots at a doctor’s office.

The change in MCHD policy was prompted by a letter written to the Department by the Liberty Council at the behest of Health Freedom Alabama. Liberty Council, a national nonprofit litigation, education and public policy organization that emphasizes First Amendment liberties, religious freedoms and the sanctity of human life, challenged the higher religious exemption documentation fees. Liberty Council alleged the higher fee was improper and a violation of the First and Fourteenth Amendments to the U.S. Constitution, the Alabama Constitution and Alabama law. Liberty Council argued that the $30 religious exemption documentation fee undermined their client’s religious liberty and violated their rights to equal protection under the law by creating an unjustified and financial burden.

The MCHD decided in November, 2024 to waive the documentation fee for religious exemption and, without admitting any wrongdoing, agreed to begin refunding the previously collected fees. They further decided to update their website to reflect these changes.

Legal and community health experts ALPolitics.com have spoken with believe the actions of the MCHD set a precedent that would apply to the JCHD, as well.

Stephanie Durnin, Director of Health Freedom Alabama, responded to ALpolitics.com’s questions about the JCHD religious exemption fee:

“The Jefferson County Health Department is officially on notice. Charging Alabamians for a religious exemption is a clear violation of state law and constitutional rights. We successfully stopped this unlawful practice in Mobile County, and we expect Jefferson County to follow suit. Refund every dollar collected and bring your policies into compliance. Religious freedom isn’t a privilege in Alabama, it’s a protected right.”

A bill currently awaiting debate on the floor of the Alabama House, SB85, would resolve this issue for all 67 Counties in Alabama. SB85, sponsored by Senators Arthur Orr (R-Decatur) and Donnie Chesteen (R-Geneva) would simplify the process of obtaining religious exemptions and eliminate any fees required for these exemptions.

SB85 has passed the Senate and was favorably reported to the House by the House Health Committee. It is uncertain at this time whether or not SB85 will be placed on the House calendar.

With only three days remaining in this regular legislative session, SB85 is one among many bills competing for the limited time available. Should it not pass this session, it will most likely be carried over to the 2026 session. Without it, or without the JCDH following the lead of the MCHD, it’s likely action will be take against the JCHD religious exemption fee.